Waco City Zoning Code
ARTICLE IV
- DISTRICT REGULATIONS
DIVISION 23. - SPECIAL DISTRICT—BRAZOS RIVER CORRIDOR DISTRICT[10]
Editor's note—Ord. No. 2023-431, adopted June 6, 2023, amended div. 23 in its entirety to read as set out herein. Former Div. 23, §§ 28-796—28-816 pertained to similar subject matter, and derived from Ord. No. 1986-49, §§ 1(4.2206), 1(4.2207), 1(4.2301(a)), 1(4.2301(b)), 1(4.2301(c)), 1(4.2301(d)), 1(4.2301(e)), 1(4.2301(f)(1)), 1(4.2301(f)(2)(a)), 1(4.2301(f)(2)(b)(1)), 1(4.2301(f)(2)(b)(2)), 1(4.2301(f)(2)(b)(3)), 1(4.2301(f)(2)(b)(4)), 1(4.2301(f)(2)(b)), 1(4.2301(f)(2)), 1(4.2301(f)(4)), 1(4.2301(f)(5)), 1(4.2301(f)(6)), adopted Sept. 16, 1986; Ord. No. 1987-25, §§ 1, 2, adopted May 12, 1987; Ord. No. 1989-13, § 2, adopted March 28, 1989; Ord. No. 1992-35, § 5, adopted Oct. 6, 1992; Ord. No. 2000-32, § 1, adopted June 20, 2000;Ord. No. 2000-42, § 1, adopted Aug. 1, 2000;Ord. No. 2000-64, § 1, adopted Nov. 7, 2000; Ord. No. 2004-0332, § 1, adopted June 15, 2004; Ord. No. 2006-188, § 2, adopted April 4, 2006; Ord. No. 2009-365, § 5, 7, adopted July 2009; and Ord. No. 2019-292, § 1, adopted April 30, 2019.
DIVISION 24. - SPECIAL DISTRICT—COLLEGE AND UNIVERSITY NEIGHBORHOODS DISTRICT[11]
Editor's note—Ord. No. 2014-274, § 1, adopted May 20, 2014, amended division 24 in its entirety to read as herein set out. Formerly, division 24, §§ 28-831—28-837, pertained to special district—college and university district, and derived from Ord. No. 1986-49, § 1(4.2302(a—g)), adopted September 16, 1986.
DIVISION 29. - SPECIAL DISTRICT—LA SALLE AVENUE CORRIDOR DISTRICT[12]
Editor's note— Ord. No. 2019-403, § 2, adopted July 2, 2019, amended the Code by adding provisions designated as §§ 28-881.1—28-881.9. Insofar as keeping the style of the Code, these provisions have been redesignated as §§ 28-880.18—28-880.26.
Sec. 28-241.- Establishment of districts.
In order to carry out the purpose and intent of this chapter, the city is hereby divided into R districts, residential; O districts, office; C districts, commercial; M districts, industrial; and special districts.
(Ord. No. 1986-49, § 1(4.101), 9-16-86)
Sec. 28-242. - Residential districts.
(a)
Ten residential districts are established to provide for a range of residential dwelling types and densities:
(b)
The R-E single-family residence district is intended to provide for residential and other compatible uses with a semirural character. The R-1A, R-1B and R-1C single-family residence districts are intended to provide respectively for low-density development in a spacious setting; for development of single-family dwellings at a moderate density; and for development of zero lot line dwellings with flexibility in siting. The R-2 district provides for development of single- and two-family dwellings in transitional areas. The five multiple-family residence districts provide for development of varied dwelling types at densities ranging from seven dwelling units per acre to 40 dwelling units per acre.
(Ord. No. 1986-49, § 1(4.102), 9-16-86)
Sec. 28-243. - Office districts.
(a)
Three office districts are established to provide for a range of compatible nonresidential uses in proximity to residential areas:
(b)
Each of the office districts provides for office uses; the O-2 and O-3 districts also provide respectively for multiple-family residential uses, and for selected commercial uses serving primarily local needs.
(Ord. No. 1986-49, § 1(4.103), 9-16-86)
Sec. 28-244. - Commercial districts.
(a)
Five commercial districts are established to provide for development of different types of multi-use commercial centers accessible to arterial streets and transportation corridors:
(b)
The C-1 district provides for low-intensity commercial uses, excluding package liquor stores and sale of alcoholic beverages. The C-2 district is intended to provide for a variety of business uses at a relatively low intensity of development, while the C-3 district provides for a somewhat wider variety of business uses at a higher intensity of development appropriate to locations within major transportation corridors. The C-4 district is intended to provide for highly intensive development of mutually supportive business, entertainment and residential uses in the central core area. The C-5 district is intended to provide for commercial and industrial service uses as well as other business uses in central locations adjacent to the core area and major transportation arteries.
(Ord. No. 1986-49, § 1(4.104), 9-16-86)
Sec. 28-245. - Industrial districts.
(a)
Three M, industrial, districts are established to provide for development of an appropriate range of industrial uses:
(b)
The M-1 district provides for development of offices and a limited number of nuisance-free industrial and service uses in a spacious environment of relatively low intensity, while the M-2 district provides for a wider range of light industrial uses at a higher intensity of development. The M-3 district provides for major processing and other types of industrial use which require large sites.
(Ord. No. 1986-49, § 1(4.105), 9-16-86)
Sec. 28-246. - Special districts.
(a)
Three special districts are established to provide for development in those areas of the city where a specific physical character requires special consideration for standards of development.
(1)
Lake Brazos corridor district.
(2)
College and university district.
(3)
Neighborhood conservation district.
(b)
These special districts are overlay districts and their regulations modify or supplement those of the base zoning districts as applied within the specific area of a special district.
(Ord. No. 1986-49, § 1(4.106), 9-16-86)
Sec. 28-247. - Zoning district maps.
The boundaries of the districts and district classification of all property within the city are shown on the official zoning district maps which are on file in the city secretary's office and are hereby incorporated by reference and made a part of this chapter. The zoning district maps together with all notations and references shown thereon, and all amendments thereto, shall have the same force and effect as if the zoning district maps, together with all notations, references and other information shown thereon, were fully set forth and described herein.
(Ord. No. 1986-49, § 1(4.107), 9-16-86)
Sec. 28-248. - Interpretation of boundaries.
In the interpretation of the location of boundaries of the various districts as shown on the zoning district maps, the following rules shall apply:
(1)
The district boundaries are the centerlines of streets or alleys and property or right-of-way
lines unless otherwise shown, and where the districts designated on the map accompanying
and made a part of this chapter are bounded approximately by street, alley or property
lines, the street, alley or property line shall be construed to be the boundary of
the district.
(2)
District boundaries shown as approximately following shore lines shall be construed to follow such shore lines, and in the event of change in the actual location of the shore line, the boundaries shall be construed as moving with the actual shore line; boundaries shown as approximately following the centerlines of waterways (streams, rivers, canals, lakes or other bodies of water) shall be construed to follow such centerlines and in the event of change in the actual location of a centerline the boundaries shall be construed as moving with the actual centerline.
(3)
Where property is unsubdivided or where the district boundaries do not coincide with the approximate location of streets, alleys, property lines, right-of-way lines or waterways, the district boundary lines on the map accompanying and made a part of this chapter shall be determined by the use of the scale appearing on the map.
(4)
Where the district boundaries are otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the property lines and where the districts designated on the map accompanying and made a part of this chapter are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the districts, unless the boundaries are otherwise indicated on the map.
(5)
In the case of a district boundary line dividing a property into two parts, the district boundary line shall be construed to be the property line nearest the less restricted district.
(Ord. No. 1986-49, § 1(4.108), 9-16-86)
Sec. 28-249. - Annexed property.
(a)
All new territory annexed to the city shall be classified as R-1B district, except that any ordinance hereafter annexing new territory to the city may include, as a part thereof, a map or plat, showing the zoning classifications for the area being annexed.
(b)
When new territory has been annexed to the city without an accompanying zoning plan, the city plan commission may hold public hearings to determine whether or not any part of all such newly annexed territory shall be rezoned to comply generally with the master plan of the city.
(Ord. No. 1986-49, § 1(4.109, 4.110), 9-16-86)
Sec. 28-250. - Building permits.
The owner, lessee or any other person owning, controlling, constructing, supervising or directing the construction of any building or structure which may be in the process of construction and which is incomplete at the time the land upon which it is situated is annexed to the city shall apply to the building official for such permits, as are required on construction, authorizing further work and shall attach to the application plans and specifications for the construction of such building or structure subject to a determination that such building or structure would not be to the detriment or against the general welfare of the citizens of the city. Should the building official make any requirement, decision or determination which the owner or contractor feels is unreasonable, the owner or contractor or their representative may appeal the decision of the building official to the board of adjustments and appeals in the manner prescribed in the building code of the city.
(Ord. No. 1986-49, § 1(4.111), 9-16-86)
Sec. 28-251. - Uses.
The use of land and structures shall be limited to:
(1)
Uses permitted in the zoning district within which the land or structure is located.
(2)
Special uses allowed in the zoning district within which the land or structure is located, subject to the provisions of division 6 of article II of this chapter.
(3)
Uses lawfully established and existing on the date of the ordinance from which this chapter was derived which are nonconforming under the provisions of the ordinance from which this chapter was derived, subject to the provisions of section 28-95.
(Ord. No. 1986-49, § 1(3.201), 9-16-86)
Sec. 28-252. - Auditing requirements.
The following establishments are subject to the following auditing requirements:
(1)
Upon request of documentation by the building official, any person owning or operating:
a.
An indoor recreational facility must provide a certified audit for the previous year showing that at least 25 percent of the gross income of the establishment was derived from recreational opportunities or games of skill to the general public wholly enclosed in a building;
b.
An outdoor recreational and amusement facility must provide a certified audit for the previous year showing that at least 25 percent of the gross income of the establishment was derived from entertainment, recreational opportunities or games to the general public that took place in the open;
c.
A Theater must provide a certified audit for the previous year showing that at least 25 percent of the gross income of the establishment was derived from the showing of motion pictures, or for dramatic, musical or live performances;
d.
A restaurant must provide a certified audit for the previous year showing that at least 25 percent of the gross income of the establishment was derived from the sale of food.
(2)
A certified audit is a financial audit of an establishment performed by an independent certified public accountant in accordance with U.S. generally accepted auditing standards, that takes place from the close of the establishment's tax year (as said establishment reports to the Internal Revenue Service).
(3)
Failure to produce the requested documents within fifteen (15) business days of the building official's request for documentation shall be prima facie evidence of a violation of this chapter.
(4)
Instead of a certified audit, the owner or operator (of the facility, theater or restaurant) may first submit to the building official for review the following documents in order to show that at least 25 percent of the gross income of the facility, theater or restaurant (as applicable) is met as required and described in (1)(a—d) above. The documents must be submitted to the building official within 15 days of the building official's request; and these documents must have been submitted to the State of Texas:
a.
At least three of the following types OF FORMS/REPORTS:
i.
Sales and Use Tax Form(s) filed with Texas Comptroller's Office (filed with Texas Comptroller's Office for the most recent filing period);
ii.
Texas Franchise Tax Report(s) (filed with Texas Comptroller's Office within one year of the building official's request);
ii.
Texas Mixed Beverage Sales Tax Report (filed with the Texas Comptroller's Office within three months of the building official's request);
iv.
Texas Mixed Beverage Gross Receipts Tax Report (filed with the Texas Comptroller's Office within three months of the building official's request);
v.
Mixed Beverage Permit Forms (filed with the Texas Alcoholic Beverage Commission for the most recent filing period); and
b.
A report by the owner or operator reconciling the forms and reports listed above.
(5)
If, in the sole discretion of the City, the documents submitted in (4) above fail to show that at least 25 percent of the gross income of the facility, theater or restaurant (as applicable) is met as required and described in (1)(a—d) above, then the city may require the owner or operator to submit a certified audit to the building official. If an establishment does not have a certified audit from the previous year, the city may allow a grace period for said establishment to obtain a certified audit; said certified audit must then be submitted to the building official within 180 days of the building official's request for the certified audit.
(Ord. No. 2019-402, § 2, 7-2-19; Ord. No. 2019-735, § 2, 9-17-19)
Sec. 28-271.- Purpose.
The R-E single-family residence district is intended to provide for low-density development which would not require a full range of urban services. Permitted uses, lot areas, setbacks and other requirements are designed to allow for residential development and other compatible uses in a semirural environment.
(Ord. No. 1986-49, § 1(4.201), 9-16-86)
Sec. 28-272. - Permitted uses.
The permitted uses in the R-E district are:
(1)
Single-family dwellings, detached.
(2)
Public uses, such as parks, libraries, buildings and municipal zoos.
(3)
Schools including public and private schools, elementary and secondary schools, preschools, kindergartens, nursery schools, and special schools, provided the use meets all setback, lot size and other development requirements applicable.
(4)
Houses of worship, convents, rectories, parsonages and parish houses.
(5)
Golf courses.
(6)
Agricultural operations.
(7)
Fire stations, police stations, artesian wells, pumping stations, lakes, boat docks, boathouses, water supply reservoirs, filter beds, water tanks, towers or standpipes and marinas.
(8)
Railroad rights-of-way, railroad tracks, bridges and signals.
(9)
Public utilities; poles, wires and transmission and/or distribution lines and other transmission and distributing appurtenances, but not including office buildings or storage facilities, electrical energy production facilities, transformers or relay substations.
(10)
Accessory off-street parking and loading facilities subject to the provisions of article VII of this chapter.
(11)
Accessory signs subject to the provisions of article VIII of this chapter.
(12)
Other accessory uses subject to the provisions of section 28-926.
(13)
Home occupations subject to the provisions of section 28-928 and all other applicable provisions of this chapter.
(14)
Sale of beer for on-premise consumption, provided that such use is located on a public golf course.
(15)
Wireless communication system antennas on alternate independent support structures.
(16)
Community home I.
(17)
Vineyards.
(18)
Excavation, mining and/or removal of material limited to sand, soil or gravel, as an accessory use for the purpose of construction on the property or development of the property for a permitted use by right or by special permit; provided the excavation, mining and/or removal of material meet the following:
a.
The amount of material being removed from the site is not more than 125,000 cubic yards;
b.
A site grading permit is issued meeting all requirements of article III, division 3 of this chapter for a period of time that is specified in the site grading permit which period of time shall be reasonable for the amount of work that is being done as part of the construction on the property or development of the property for a permitted use, as determined by the building official; and
c.
If excavation, mining and/or removal of material is intended to create a water body or lake as an accessory use, the area of the water body or lake cannot exceed ten percent of the total area of the tract or lot where it is being constructed. This applies to the parent tract or lot and further division of the parent tract or lot will not permit additional water bodies or lake to exceed ten percent of the total area of the parent tract or lot.
(19)
Accessory dwelling units.
(Ord. No. 1986-49, § 1(4.202), 9-16-86; Ord. No. 1987-24, § 12, 12-21-87; Ord. No. 1988-45, § 10, 10-18-88; Ord. No. 1990-61, §§ 6, 8, 12-18-90; Ord. No. 1996-3, § 4, 2-20-96; Ord. No. 1997-30, § 1(b), 7-1-97; Ord. No. 2004-0332, § 1, 6-15-04; Ord. No. 2008-453, § 3, 9-2-08; Ord. No. 2010-692, § 1, 12-7-10; Ord. No. 2023-794, § 2, 9-19-23; Ord. No. 2023-969, § 1, 11-7-23)
Sec. 28-273. - Special uses.
Uses which may be allowed in the R-E district by special permit in accordance with the provisions of section 28-121 et seq. are:
(1)
Sale of beer and wine for consumption off premises, provided that such use is located in a nonconforming retail grocery store.
(2)
Licensed group homes.
(3)
Clubs, lodges, fraternities and sororities where the chief activity is not a business.
(4)
Nurseries, including retail and wholesale, of plants grown on the premises.
(5)
Public utilities; electrical energy production facilities, transformers or relay substations and storage facilities.
(6)
Airport or heliport, subject to approval of the Federal Aviation Administration.
(7)
Hospitals.
(8)
HUD-Code manufactured home parks or recreational vehicle parks or HUD-Code manufactured home subdivisions.
(9)
Outdoor recreational and amusement facility.
(10)
Excavation, mining and/or removal of any material, including, but not limited to, sand, soil and gravel, as an accessory use for the purpose of construction on the property or development of the property for a permitted use by right or by special permit, if (1) the amount of material being removed from the site is more than 125,000 cubic yards, or (2) the excavation and/or mining involving the removal of material is intended to construct a water body or lake as an accessory use and the area of the water body or lake exceeds ten percent of the total area of the lot or tract where it is being constructed; provided the excavation, mining and/or removal is conducted in accordance with all terms and conditions of the special use permit, the surface mining and excavation guidelines and all other applicable ordinances and codes of the city and meets the following conditions:
a.
The property on which the excavation, mining and/or removal operation is conducted is not located within 1,000 feet of 26 or more dwelling units, and
b.
Trucks used to transport excavated material from an excavation or mining operation site shall not be driven on a local or collector street that provides vehicular access to a residential subdivision containing 26 or more dwelling units.
(11)
Reserved.
(12)
Vocational rehabilitation enterprises, with a letter of support from the appropriate state or federal agency.
(13)
Reserved.
(14)
Cemeteries.
(15)
Reserved.
(16)
Agriculture, feed lots.
(17)
Kennels and stables.
(18)
Veterinarian clinics (no outside kennel).
(19)
Miniature golf and driving ranges.
(20)
Child care facilities provided that: a. the lot sides or fronts onto an O, C, or M district, or fronts on a collector or arterial street; b. the driveway will be no closer than 100 feet from a signalized intersection; and c. the lot is not in the same block face (including both sides of the street) where any other child care facility or licensed group home already exists.
(21)
Bed and breakfast homestay establishment provided that a bed and breakfast facility license has been issued in accordance with chapter 13 of this Code.
(22)
Community gardens provided that a community garden permit has been issued in accordance with chapter 13 of this Code (unless such permit is not required under chapter 13 of this Code).
(23)
Adult day care facilities.
(24)
Wineries.
(25)
Reserved.
(26)
Farmers' markets (except on lots containing only single-family uses) provided that a farmers' market permit has been issued in accordance with chapter 13 of this Code.
(27)
Sale of alcohol for off-premise consumption provided that such use occurs at a permitted farmers' market.
(28)
Transitional shelter I.
(29)
Reserved.
(30)
Short-term rental type I provided that a short-term rental facility license has been issued in accordance with chapter 13 of this Code.
(Ord. No. 1986-49, § 1(4.203), 9-16-86; Ord. No. 1987-3, § 8, 2-17-87; Ord. No. 1987-24, § 1, 12-21-87; Ord. No. 1987-64, § 1, 11-24-87; Ord. No. 1988-45, §§ 1, 14, 10-18-88; Ord. No. 1989-30, §§ 5, 6, 7-18-89; Ord. No. 1990-61, §§ 11, 15, 12-18-90; Ord. No. 1992-25, § 4, 7-7-92; Ord. No. 1997-2, § 1(a), 2-4-97; Ord. No. 1997-25A, § 1, 6-17-97; Ord. No. 1997-30, § 1(c), 7-1-97; Ord. No. 1998-53, § 1, 2-2-99; Ord. No. 2004-0332, § 1, 6-15-04; Ord. No. 2005-287, § 2, 5-3-05; Ord. No. 2008-453, § 3, 9-2-08; Ord. No. 2010-692, § 1, 12-7-10; Ord. No. 2010-693, § 1, 12-7-10; Ord. No. 2011-116, § 1, 3-1-11; Ord. No. 2011-117, § 1, 3-1-11; Ord. No. 2013-481, § 1, 8-20-13; Ord. No. 2013-483, § 1, 8-20-13; Ord. No. 2017-703, § 2, 8-1-17; Ord. No. 2021-365, § 1, 6-1-21)
Sec. 28-274. - Lot area.
Except as otherwise provided in section 28-901, every lot in the R-E district upon which a structure or use is erected, altered or maintained shall have:
(1)
Single-family dwelling. An area of not less than 40,000 square feet per dwelling unit; and a minimum width of 150 feet.
(2)
All other permitted uses. An area of not less than one acre; and a minimum width of 100 feet.
(3)
Uses allowed by special permit. A minimum area of 40,000 square feet and a minimum lot width of 150 feet subject to the provisions of section 28-130.
(Ord. No. 1986-49, § 1(2.204), 9-16-86)
Sec. 28-275. - Height restriction.
Except as provided in section 28-903, no structure or use in the R-E district shall be erected, altered or maintained which exceeds 2½ stories or 35 feet in height.
(Ord. No. 1986-49, § 1(4.205), 9-16-86)
Sec. 28-276. - Yard requirements.
Except as provided in section 28-904, no structure or use in the R-E district shall be erected, altered or maintained unless the following yards are provided:
(1)
Single-family dwelling. A front yard of not less than 35 feet; two side yards of not less than 25 feet each; and a rear yard of not less than 50 feet.
(2)
All other permitted uses. A front yard of not less than 50 feet; two side yards of not less than 25 feet each; and a rear yard of not less than 50 feet.
(3)
Uses allowed by special permit. A front yard of not less than 35 feet; two side yards of not less than 25 feet each; and a rear yard of not less than 50 feet; subject to the provisions of section 28-130(b).
(Ord. No. 1986-49, § 1(4.206), 9-16-86)
Sec. 28-277. - Additional regulations.
Uses in the R-E district shall also comply with the following regulations:
(1)
Section 28-171 requiring a review of development plans for all uses except single-family dwellings.
(2)
Chapter 9 regulating development in the escarpment zone.
(3)
Chapter 11 regulating development in floodplains.
(4)
A permit is required for all site work of property and for the construction or substantial alteration of a parking lot. "Substantial alteration" includes the adding of spaces or reconstruction of the parking lot area. Single-family residential uses shall be exempt from this requirement.
(Ord. No. 1986-49, § 1(4.207), 9-16-86; Ord. No. 1998-82, § 1, 5-4-99)
Sec. 28-278. - Distance requirement.
A community home I located in the R-E district shall be located at least ½-mile from another community home I.
(Ord. No. 2004-0332, § 1, 6-15-04)
Sec. 28-296.- Purpose.
The R-1A single-family residence district is intended to provide for low-density, single-family development, along with a limited range of compatible uses. Lot area, yard and other requirements are designed to encourage maintenance of a spacious residential setting, with preservation of the natural landscape character.
(Ord. No. 1986-49, § 1(4.301), 9-16-86)
Sec. 28-297. - Permitted uses.
Permitted uses in the R-1A district are:
(1)
Single-family dwellings.
(2)
Public uses, such as parks, libraries, buildings and municipal zoos.
(3)
Schools including public and private schools, elementary and secondary schools, preschools, kindergartens, nursery schools and special schools, provided the use meets all setback, lot size and other development requirements applicable.
(4)
Houses of worship, convents, rectories, parsonages and parish houses.
(5)
Golf courses, but not miniature courses or driving ranges.
(6)
Fire stations, police stations, artesian wells, pumping stations, lakes, boat docks, boathouses, water supply reservoirs, filter beds, water tanks, towers or standpipes and marinas.
(7)
Railroad rights-of-way, railroad tracks, bridges and signals.
(8)
Public utilities; poles, wires and transmission and/or distribution lines and other transmission and distributing appurtenances, but not including office buildings or storage facilities, electrical energy production facilities, transformers or relay substations.
(9)
Accessory off-street parking and loading facilities subject to the provisions of article VII of this chapter.
(10)
Accessory signs subject to the provisions of article VIII of this chapter.
(11)
Other accessory uses subject to the provisions of section 28-926.
(12)
Home occupations subject to the provisions of section 28-928 and all other applicable provisions of this chapter.
(13)
Agricultural operations.
(14)
Sale of beer for on-premise consumption, provided that such use is located on a public golf course.
(15)
Wireless communication system antennas on alternate independent support structures.
(16)
Community home I.
(17)
Vineyards.
(18)
Excavation, mining and/or removal of material limited to sand, soil or gravel, as an accessory use for the purpose of construction on the property or development of the property for a permitted use by right or by special permit; provided the excavation, mining and/or removal of material meet the following:
a.
The amount of material being removed from the site is not more than 125,000 cubic yards;
b.
A site grading permit is issued meeting all requirements of article III, division 3 of this chapter for a period of time that is specified in the site grading permit which period of time shall be reasonable for the amount of work that is being done as part of the construction on the property or development of the property for a permitted use, as determined by the building official; and
c.
If excavation, mining and/or removal of material is intended to create a water body or lake as an accessory use, the area of the water body or lake cannot exceed ten percent of the total area of the tract or lot where it is being constructed. This applies to the parent tract or lot and further division of the parent tract or lot will not permit additional water bodies or lake to exceed ten percent of the total area of the parent tract or lot.
(19)
Accessory dwelling units.
(Ord. No. 1986-49, § 1(4.302), 9-16-86; Ord. No. 1987-24, § 12, 12-21-87; Ord. No. 1990-61, § 8, 12-18-90; Ord. No. 1996-3, § 4, 2-20-96; Ord. No. 1997-30, § 1(b), 7-1-97; Ord. No. 2004-0332, § 1, 6-15-04; Ord. No. 2008-453, § 3, 9-2-08; Ord. No. 2010-692, § 1, 12-7-10; Ord. No. 2023-794, § 2, 9-19-23; Ord. No. 2023-969, § 1, 11-7-23)
Sec. 28-298. - Special uses.
Uses which may be allowed in the R-1A district by special permit in accordance with the provisions of section 28-121 et seq. are:
(1)
Sale of beer and wine for consumption off premises; provided that such use is located in a nonconforming retail grocery store.
(2)
Licensed group homes.
(3)
Clubs, lodges, fraternities and sororities where the chief activity is not a business.
(4)
Public utilities; electrical energy production facilities, transformers or relay substations and storage facilities.
(5)
Reserved.
(6)
Airport or heliport, subject to approval of the Federal Aviation Administration.
(7)
Hospitals.
(8)
HUD-Code manufactured home parks or recreational vehicle parks or HUD-Code manufactured home subdivisions.
(9)
Excavation, mining and/or removal of any material, including, but not limited to, sand, soil and gravel, as an accessory use for the purpose of construction on the property or development of the property for a permitted use by right or by special permit, if (1) the amount of material being removed from the site is more than 125,000 cubic yards, or (2) the excavation and/or mining involving the removal of material is intended to construct a water body or lake as an accessory use and the area of the water body or lake exceeds ten percent of the total area of the lot or tract where it is being constructed; provided the excavation, mining and/or removal is conducted in accordance with all terms and conditions of the special use permit, the surface mining and excavation guidelines and all other applicable ordinances and codes of the city and meets the following conditions:
a.
The property on which the excavation, mining and/or removal operation is conducted is not located within 1,000 feet of 26 or more dwelling units, and
b.
Trucks used to transport excavated material from an excavation or mining operation site shall not be driven on a local or collector street that provides vehicular access to a residential subdivision containing 26 or more dwelling units.
(10)
Reserved.
(11)
Vocational rehabilitation enterprises, with a letter of support from the appropriate state or federal agency.
(12)
Reserved.
(13)
Cemeteries.
(14)
Reserved.
(15)
Child care facilities provided that: a. the lot sides or fronts onto an O, C, or M district, or fronts on a collector or arterial street; b. the driveway will be no closer than 100 feet from a signalized intersection; and c. the lot is not in the same block face (including both sides of the street) where any other child care facility or licensed group home already exists.
(16)
Outdoor recreational and amusement facility.
(17)
Bed and breakfast homestay establishment provided that a bed and breakfast facility license has been issued in accordance with chapter 13 of this Code.
(18)
Community gardens provided that a community garden permit has been issued in accordance with chapter 13 of this Code (unless such permit is not required under chapter 13 of this Code).
(19)
Adult day care facilities.
(20)
Wineries.
(21)
Reserved.
(22)
Farmers' markets (except on lots containing only single-family uses) provided that a farmers' market permit has been issued in accordance with chapter 13 of this Code.
(23)
Sale of alcohol for off-premise consumption provided that such use occurs at a permitted farmers' market.
(24)
Transitional shelter I.
(25)
Reserved.
(26)
Short-term rental type I provided that a short-term rental facility license has been issued in accordance with chapter 13 of this Code.
(27)
House Museum.
(Ord. No. 1986-49, § 1(4.303), 9-16-86; Ord. No. 1987-3, §§ 8, 10, 2-17-87; Ord. No. 1987-24, §§ 1, 9, 12-21-87; Ord. No. 1987-58, § 8, 10-27-87; Ord. No. 1987-64, § 1, 11-24-87; Ord. No. 1988-45, § 14, 10-18-88; Ord. No. 1988-73, § 3, 1-3-89; Ord. No. 1989-30, §§ 5, 6, 7-18-89; Ord. No. 1990-61, §§ 11, 15, 12-18-90; Ord. No. 1992-25, § 4, 7-7-92; Ord. No. 1997-2, § 1(a), 2-4-97; Ord. No. 1997-25A, § 1, 6-17-97; Ord. No. 1997-30, § 1(c), 7-1-97; Ord. No. 1998-53, § 1, 2-2-99; Ord. No. 2004-0332, § 1, 6-15-04; Ord. No. 2005-287, § 2, 5-3-05; Ord. No. 2008-453, § 3, 9-2-08; Ord. No. 2010-692, § 1, 12-7-10; Ord. No. 2010-693, § 1, 12-7-10; Ord. No. 2011-116, § 1, 3-1-11; Ord. No. 2011-117, § 1, 3-1-11; Ord. No. 2013-481, § 1, 8-20-13; Ord. No. 2013-483, § 1, 8-20-13; Ord. No. 2017-703, § 2, 8-1-17; Ord. No. 2021-365, § 1, 6-1-21; Ord. No. 2022-440, § 2, 7-5-22)
Sec. 28-299. - Lot area.
Except as otherwise provided in section 28-901, every lot in the R-1A district upon which a structure or use is erected, altered or maintained shall have:
(1)
Single-family dwelling. An area of not less than 12,000 square feet per dwelling unit; and a minimum width of 100 feet. On curvilinear streets, on culs-de-sac and in areas where side lot lines are not parallel, lot width may be measured at the building setback line rather than the property line.
(2)
All other permitted uses. An area of not less than one acre; and a minimum width of 100 feet.
(3)
Uses allowed by special permit. A minimum area of 12,000 square feet and a minimum width of 100 feet subject to the provisions of section 28-130.
(Ord. No. 1986-49, § 1(4.304), 9-16-86)
Sec. 28-300. - Height restrictions.
Except as provided in section 28-903, no structure or use in the R-1A district shall be erected, altered or maintained which exceeds 2½ stories or 35 feet in height.
(Ord. No. 1986-49, § 1(4.305), 9-16-86)
Sec. 28-301. - Yard requirements.
Except as provided in section 28-904, no structure or use in the R-1A district shall be erected, altered or maintained unless the following yards are provided:
(1)
Single-family dwelling. A front yard of not less than 30 feet; two side yards of not less than ten feet each; and a rear yard of not less than 30 feet.
(2)
All other permitted uses. A front yard of not less than 50 feet; two side yards of not less than 25 feet each; and a rear yard of not less than 50 feet.
(3)
Uses allowed by special permit. A front yard of not less than 30 feet; two side yards of not less than ten feet each; and a rear yard of not less than 30 feet; subject to the provisions of section 28-130(b).
(Ord. No. 1986-49, § 1(4.306), 9-16-86)
Sec. 28-302. - Additional regulations.
Uses in the R-1A district shall also comply with the following regulations:
(1)
Section 28-171 requiring review of development plans for all uses except single-family dwellings.
(2)
Chapter 9 regulating development in the escarpment zone.
(3)
Chapter 11 regulating development in floodplains.
(4)
A permit is required for all site work of property and for the construction or substantial alteration of a parking lot. "Substantial alteration" includes the adding of spaces or reconstruction of the parking lot area. Single-family residential uses shall be exempt from this requirement.
(Ord. No. 1986-49, § 1(4.307), 9-16-86; Ord. No. 1998-82, § 1, 5-4-99)
Sec. 28-303. - Distance requirement.
A community home I located in the R-1A district shall be located at least ½-mile from another community home I.
(Ord. No. 2004-0332, § 1, 6-15-04)
Sec. 28-321.- Purpose.
The R-1B single-family residence district is intended to provide for single-family development at moderate density, where a full range of urban services can be provided. A limited range of compatible uses are also permitted either to provide services to residents or maintain low-intensity use of open land. Lot area, yard and other requirements are designed to encourage maintenance of quality residential areas in character with contemporary standards.
(Ord. No. 1986-49, § 1(4.401), 9-16-86)
Sec. 28-322. - Permitted uses.
Permitted uses in the R-1B district are:
(1)
Single-family dwellings.
(2)
Public uses, such as parks, libraries, buildings and municipal zoos.
(3)
Schools including public and private schools, elementary and secondary schools, preschools, kindergartens, nursery schools and special schools, provided the use meets all setback, lot size and other development requirements applicable.
(4)
Houses of worship, convents, rectories, parsonages and parish houses.
(5)
Golf courses, but not miniature courses or driving ranges.
(6)
Fire stations, police stations, artesian wells, pumping stations, lakes, boat docks, boathouses, water supply, reservoirs, filter beds, water tanks, towers or standpipes and marinas.
(7)
Railroad rights-of-way, railroad tracks, bridges and signals.
(8)
Public utilities; poles, wires and transmission and/or distribution lines and other transmission and distributing appurtenances, but not including office buildings or storage facilities, electrical energy production facilities, transformers or relay substations.
(9)
Accessory off-street parking and loading facilities subject to the provisions of article VII of this chapter.
(10)
Accessory signs subject to the provisions of article VIII of this chapter.
(11)
Other accessory uses subject to the provisions of section 28-926.
(12)
Home occupations subject to the provisions of section 28-928 and all other applicable provisions of this chapter.
(13)
Agricultural operations.
(14)
Sale of beer for on-premise consumption, provided that such use is located on a public golf course.
(15)
Wireless communication system antennas on alternate independent support structures.
(16)
Community home I.
(17)
Vineyards.
(18)
Excavation, mining and/or removal of material limited to sand, soil or gravel, as an accessory use for the purpose of construction on the property or development of the property for a permitted use by right or by special permit; provided the excavation, mining and/or removal of material meet the following:
a.
The amount of material being removed from the site is not more than 125,000 cubic yards;
b.
A site grading permit is issued meeting all requirements of article III, division 3 of this chapter for a period of time that is specified in the site grading permit which period of time shall be reasonable for the amount of work that is being done as part of the construction on the property or development of the property for a permitted use, as determined by the building official; and
c.
If excavation, mining and/or removal of material is intended to create a water body or lake as an accessory use, the area of the water body or lake cannot exceed ten percent of the total area of the tract or lot where it is being constructed. This applies to the parent tract or lot and further division of the parent tract or lot will not permit additional water bodies or lake to exceed ten percent of the total area of the parent tract or lot.
(19)
Temporary commercial parking facility.
(20)
Accessory dwelling units.
(Ord. No. 1986-49, § 1(4.402), 9-16-86; Ord. No. 1987-24, § 12, 12-21-87; Ord. No. 1988-45, § 10, 10-18-88; Ord. No. 1990-61, §§ 6, 8, 12-18-90; Ord. No. 1996-3, § 4, 2-20-96; Ord. No. 1997-30, § 1(b), 7-1-97; Ord. No. 2004-0332, § 1, 6-15-04; Ord. No. 2008-453, § 3, 9-2-08; Ord. No. 2010-692, § 1, 12-7-10; Ord. No. 2014-432, § 1, 8-5-14; Ord. No. 2023-794, § 2, 9-19-23; Ord. No. 2023-969, § 1, 11-7-23)
Sec. 28-323. - Special uses.
Uses which may be allowed in the R-1B district by special permit in accordance with the provisions of section 28-121 et seq. are:
(1)
Sale of beer and wine for consumption off premises; provided that such use is located in a nonconforming retail grocery store.
(2)
Licensed group homes.
(3)
Clubs, lodges, fraternities and sororities where the chief activity is not a business.
(4)
Public utilities; electrical energy production facilities, transformers or relay substations and storage facilities.
(5)
Reserved.
(6)
Airport or heliport, subject to approval of the Federal Aviation Administration.
(7)
Hospitals.
(8)
HUD-Code manufactured home parks or recreational vehicle parks or HUD-Code manufactured home subdivisions.
(9)
Cemeteries.
(10)
Excavation, mining and/or removal of any material, including, but not limited to, sand, soil and gravel, as an accessory use for the purpose of construction on the property or development of the property for a permitted use by right or by special permit, if (1) the amount of material being removed from the site is more than 125,000 cubic yards, or (2) the excavation and/or mining involving the removal of material is intended to construct a water body or lake as an accessory use and the area of the water body or lake exceeds ten percent of the total area of the lot or tract where it is being constructed; provided the excavation, mining and/or removal is conducted in accordance with all terms and conditions of the special use permit, the surface mining and excavation guidelines and all other applicable ordinances and codes of the city and meets the following conditions:
a.
The property on which the excavation, mining and/or removal operation is conducted is not located within 1,000 feet of 26 or more dwelling units, and
b.
Trucks used to transport excavated material from an excavation or mining operation site shall not be driven on a local or collector street that provides vehicular access to a residential subdivision containing 26 or more dwelling units.
(11)
Reserved.
(12)
Vocational rehabilitation enterprises, with a letter of support from the appropriate state or federal agency.
(13)
Reserved.
(14)
Bed and breakfast homestay establishment provided that a bed and breakfast facility license has been issued in accordance with chapter 13 of this Code.
(15)
Nursery or greenhouse (retail or wholesale).
(16)
Reserved.
(17)
Kennels and stables.
(18)
Veterinarian clinics (no outside kennels).
(19)
Child care facilities provided that: a. the lot sides or fronts onto an O, C, or M district, or fronts in a collector or arterial street; b. the driveway will be no closer than 100 feet from a signalized intersection; and c. the lot is not in the same block face (including both sides of the street) where any other child care facility or licensed group home already exists.
(20)
Outdoor recreational and amusement facility.
(21)
Community gardens provided that a community garden permit has been issued in accordance with chapter 13 of this Code (unless such permit is not required under chapter 13 of this Code).
(22)
Adult day care facilities.
(23)
Commercial funeral home, provided the lot has frontage on a street classified as an arterial or limited-access freeway, the lot is a minimum of at least one acre, and the lot is not located closer than 200 feet from a residential use.
(24)
Mortuary services as an accessory use to a commercial funeral home and subject to the provisions of section 28-926.
(25)
Wineries.
(26)
Reserved.
(27)
Farmers' markets (except on lots containing only single-family uses) provided that a farmers' market permit has been issued in accordance with chapter 13 of this Code.
(28)
Sale of alcohol for off-premise consumption provided that such use occurs at a permitted farmers' market.
(29)
Transitional shelter I.
(30)
Dwelling, small lot single-family provided that:
a.
The dwelling is located within the limits of the area depicted in the Imagine Waco, A Plan for Greater Downtown.
b.
The dwelling is located on a street that is 26 feet or wider and on-street parking is not restricted.
c.
If the dwelling is located on an arterial or collector street or the lot is less than 40 feet in width, access should be from an alley or an approved shared driveway with adjoining lot(s).
d.
The following architectural requirements will apply in addition to the requirements of section 28-223:
(i)
Front building façades must maintain a minimum of 25 percent openings in the wall which must consist of windows and doors. A side building façade located on a corner lot must maintain a minimum of 15 percent openings in the wall which must consist of windows and doors.
(ii)
Primary and accessory building materials must remain complimentary to each other, and of the surrounding character of similar structures.
(iii)
All structures must have at least one primary entrance. The main entrance of the home shall face the front property line.
(iv)
All structures shall provide an entry-level covered porch with a minimum depth of five feet along at least 50 percent of the front building façade.
(31)
Reserved.
(32)
Short-term rental type I provided that a short-term rental facility license has been issued in accordance with chapter 13 of this Code.
(33)
Crematory services as an accessory use to a commercial funeral home and subject to the provisions of section 28-926.
(34)
House Museum.
(Ord. No. 1986-49, § 1(4.403), 9-16-86; Ord. No. 1987-3, §§ 8, 10, 2-17-87; Ord. No. 1987-24, §§ 1, 9, 14, 12-21-87; Ord. No. 1987-64, § 1, 11-24-87; Ord. No. 1988-45, § 14, 10-18-88; Ord. No. 1989-30, §§ 5, 6, 7-18-89; Ord. No. 1990-61, §§ 11, 15, 12-18-90; Ord. No. 1992-25, § 4, 7-7-92; Ord. No. 1997-2, § 1(a), 2-4-97; Ord. No. 1997-25A, § 1, 6-17-97; Ord. No. 1997-30, § 1(c), 7-1-97; Ord. No. 1998-53, § 1, 2-2-99; Ord. No. 2004-0332, § 1, 6-15-04; Ord. No. 2005-287, § 2, 5-3-05; Ord. No. 2007-290, § 3, 5-1-07; Ord. No. 2008-453, § 3, 9-2-08; Ord. No. 2010-692, § 1, 12-7-10; Ord. No. 2010-693, § 1, 12-7-10; Ord. No. 2011-116, § 1, 3-1-11; Ord. No. 2011-117, § 1, 3-1-11; Ord. No. 2013-481, § 1, 8-20-13; Ord. No. 2013-483, § 1, 8-20-13; Ord. No. 2016-174, § 1, 3-1-16; Ord. No. 2017-703, § 2, 8-1-17; Ord. No. 2018-568, § 1, 6-5-18; Ord. No. 2021-365, § 1, 6-1-21; Ord. No. 2022-440, § 2, 7-5-22)
Sec. 28-324. - Lot area.
Except as otherwise provided in section 28-901, every lot in the R-1B district upon which a structure or use is erected, altered or maintained shall have:
(1)
Single-family dwelling. An area of not less than 6,000 square feet per dwelling unit; and a minimum width of 50 feet. On curvilinear streets, on culs-de-sac and in areas where side lot lines are not parallel, lot width may be measured at the building setback line rather than the property line.
(2)
Small lot single-family dwelling. An area of not less than 3,000 square feet per dwelling unit; and a minimum width of 30 feet.
(3)
All other permitted uses. An area of not less than one acre; and a minimum width of 100 feet.
(4)
Uses allowed by special permit. A minimum area of not less than 7,000 square feet and a minimum width of not less than 60 feet, subject to the provisions of section 28-130.
(Ord. No. 1986-49, § 1(4.404), 9-16-86; Ord. No. 2003-0523, § 1, 9-2-03; Ord. No. 2016-174, § 1, 3-1-16)
Sec. 28-325. - Height restrictions.
Except as provided in section 28-903, no structure or use in the R-1B district shall be erected, altered or maintained which exceeds 2½ stories or 35 feet in height.
(Ord. No. 1986-49, § 1(4.405), 9-16-86)
Sec. 28-326. - Yard requirements.
Except as provided in section 28-904, no structure or use in the R-1B district shall be erected, altered or maintained unless the following yards are provided:
(1)
Single-family dwelling and small lot single-family dwelling. A front yard of not less than 25 feet; two sides of not less than five feet each; and a rear yard of not less than 25 feet.
(2)
All other permitted uses. A front yard of not less than 50 feet; two side yards of not less than 25 feet each; and a rear yard of not less than 50 feet.
(3)
Uses allowed by special permit. A front yard of not less than 25 feet; two side yards of not less than six feet each; and a rear yard of not less than 25 feet; subject to the provisions of section 28-130(b).
(Ord. No. 1986-49, § 1(4.406), 9-16-86; Ord. No. 2003-0523, § 2, 9-2-03; Ord. No. 2016-174, § 1, 3-1-16)
Sec. 28-327. - Additional regulations.
Uses in the R-1B district shall also comply with the following regulations:
(1)
Section 28-171 requiring review of development plans for all uses except single-family dwellings.
(2)
Chapter 9 regulating development in the escarpment zone.
(3)
Chapter 11 regulating development in floodplains.
(4)
A permit is required for all site work of property and for the construction or substantial alteration of a parking lot. "Substantial alteration" includes the adding of spaces or reconstruction of the parking lot area. Single-family residential uses shall be exempt from this requirement.
(Ord. No. 1986-49, § 1(4.407), 9-16-86; Ord. No. 1998-82, § 1, 5-4-99)
Sec. 28-328. - Distance requirement.
A community home I located in the R-1B district shall be located at least ½-mile from another community home I.
(Ord. No. 2004-0332, § 1, 6-15-04)
Sec. 28-346.- Purpose.
The R-1C single-family residence district is intended to provide for residential use in locations where topographic or other physical features constrain development. Lot area, yard and other requirements are designed to provide flexibility in siting residences to make the most efficient use of available site area and preserve the natural landscape character.
(Ord. No. 1986-49, § 1(4.501), 9-16-86)
Sec. 28-347. - Permitted uses.
Permitted uses in the R-1C district are:
(1)
Single-family dwellings.
(2)
Single-family attached (zero lot line) dwellings.
(3)
Schools including public and private schools, elementary and secondary schools, preschools, kindergartens, nursery schools and special schools, provided the use meets all setback, lot size and other development requirements applicable.
(4)
Private schools with a curriculum similar to public elementary and secondary schools.
(5)
Houses of worship, convents, rectories, parsonages and parish houses.
(6)
Golf courses, but not miniature courses or driving ranges.
(7)
Fire stations, police stations, artesian wells, pumping stations, lakes, boat docks, boathouses, water supply reservoirs, filter beds, water tanks, towers or standpipes and marinas.
(8)
Railroad rights-of-way, railroad tracks, bridges and signals.
(9)
Public utilities; poles, wires and transmission and/or distribution lines and other transmission and distributing appurtenances, but not including office buildings or storage facilities, electrical energy production facilities, transformers or relay substations.
(10)
Accessory off-street parking and loading facilities subject to the provisions of article VII of this chapter.
(11)
Accessory signs subject to the provisions of article VIII of this chapter.
(12)
Other accessory uses subject to the provisions of section 28-926.
(13)
Home occupations subject to the provisions of section 28-928 and all other applicable provisions of this chapter.
(14)
Sale of beer for on-premise consumption, provided that such use is located on a public golf course.
(15)
Wireless communication system antennas on alternate independent support structures.
(16)
Community home I.
(17)
Single-family detached (zero lot line) dwellings.
(18)
Excavation, mining and/or removal of material limited to sand, soil or gravel, as an accessory use for the purpose of construction on the property or development of the property for a permitted use by right or by special permit; provided the excavation, mining and/or removal of material meet the following:
a.
The amount of material being removed from the site is not more than 125,000 cubic yards;
b.
A site grading permit is issued meeting all requirements of article III, division 3 of this chapter for a period of time that is specified in the site grading permit which period of time shall be reasonable for the amount of work that is being done as part of the construction on the property or development of the property for a permitted use, as determined by the building official; and
c.
If excavation, mining and/or removal of material is intended to create a water body or lake as an accessory use, the area of the water body or lake cannot exceed ten percent of the total area of the tract or lot where it is being constructed. This applies to the parent tract or lot and further division of the parent tract or lot will not permit additional water bodies or lake to exceed ten percent of the total area of the parent tract or lot.
(19)
Agricultural operations.
(20)
Accessory dwelling units.
(Ord. No. 1986-49, § 1(4.502), 9-16-86; Ord. No. 1987-24, § 12, 12-21-87; Ord. No. 1988-45, § 10, 10-18-88; Ord. No. 1990-61, §§ 6, 8, 12-18-90; Ord. No. 1996-3, § 4, 2-20-96; Ord. No. 1997-30, § 1(b), 7-1-97; Ord. No. 2004-0332, § 1, 6-15-04; Ord. No. 2007-291, § 2, 5-1-07; Ord. No. 2010-692, § 1, 12-7-10; Ord. No. 2023-794, § 2, 9-19-23; Ord. No. 2023-969, § 1, 11-7-23)
Sec. 28-348. - Special uses.
Uses which may be allowed in the R-1C district by special permit in accordance with the provisions of section 28-121 et seq. are:
(1)
Sale of beer and wine for consumption off premises; provided that such use is located in a nonconforming retail grocery store.
(2)
Licensed group homes.
(3)
Clubs, lodges, fraternities and sororities where the chief activity is not a business.
(4)
Public utilities; electrical energy production facilities, transformers or relay substations and storage facilities.
(5)
Reserved.
(6)
Hospitals.
(7)
HUD-Code manufactured home parks or recreational vehicle parks or HUD-Code manufactured home subdivisions.
(8)
Excavation, mining and/or removal of any material, including, but not limited to, sand, soil and gravel, as an accessory use for the purpose of construction on the property or development of the property for a permitted use by right or by special permit, if (1) the amount of material being removed from the site is more than 125,000 cubic yards, or (2) the excavation and/or mining involving the removal of material is intended to construct a water body or lake as an accessory use and the area of the water body or lake exceeds ten percent of the total area of the lot or tract where it is being constructed; provided the excavation, mining and/or removal is conducted in accordance with all terms and conditions of the special use permit, the surface mining and excavation guidelines and all other applicable ordinances and codes of the city and meets the following conditions:
a.
The property on which the excavation, mining and/or removal operation is conducted is not located within 1,000 feet of 26 or more dwelling units, and
b.
Trucks used to transport excavated material from an excavation or mining operation site shall not be driven on a local or collector street that provides vehicular access to a residential subdivision containing 26 or more dwelling units.
(9)
Reserved.
(10)
Vocational rehabilitation enterprises, with a letter of support from the appropriate state or federal agency.
(11)
Reserved.
(12)
Bed and breakfast homestay establishment provided that a bed and breakfast facility license has been issued in accordance with chapter 13 of this Code.
(13)
Child care facilities provided that: a. the lot sides or fronts onto an O, C, or M district, or fronts on a collector or arterial street; b. the driveway will be no closer than 100 feet from a signalized intersection; and c. the lot is not in the same block face (including both sides of the street) where any other child care facility or licensed group home already exists.
(14)
Outdoor recreational and amusement facility.
(15)
Community gardens provided that a community garden permit has been issued in accordance with chapter 13 of this Code (unless such permit is not required under chapter 13 of this Code).
(16)
Adult day care facilities.
(17)
Reserved.
(18)
Farmers' markets (except on lots containing only single-family uses) provided that a farmers' market permit has been issued in accordance with chapter 13 of this Code.
(19)
Sale of alcohol for off-premise consumption provided that such use occurs at a permitted farmers' market.
(20)
Transitional shelter I.
(21)
Reserved.
(22)
Short-term rental type I provided that a short-term rental facility license has been issued in accordance with chapter 13 of this Code.
(23)
House Museum.
(Ord. No. 1986-49, § 1(4.503), 9-16-86; Ord. No. 1987-3, §§ 8, 10, 2-17-87; Ord. No. 1987-24, § 9, 12-21-87; Ord. No. 1987-64, § 1, 11-24-87; Ord. No. 1988-45, § 14, 10-18-88; Ord. No. 1989-30, §§ 5, 6, 7-18-89; Ord. No. 1990-61, §§ 11, 15, 12-18-90; Ord. No. 1992-25, § 4, 7-7-92; Ord. No. 1997-2, § 1(a), 2-4-97; Ord. No. 1997-25A, § 1, 6-17-97; Ord. No. 1997-30, § 1(c), 7-1-97; Ord. No. 1998-53, § 1, 2-2-99; Ord. No. 2004-0332, § 1, 6-15-04; Ord. No. 2005-287, § 2, 5-3-05; Ord. No. 2010-692, § 1, 12-7-10; Ord. No. 2010-693, § 1, 12-7-10; Ord. No. 2011-116, § 1, 3-1-11; Ord. No. 2013-481, § 1, 8-20-13; Ord. No. 2013-483, § 1, 8-20-13; Ord. No. 2017-703, § 2, 8-1-17; Ord. No. 2021-365, § 1, 6-1-21; Ord. No. 2022-440, § 2, 7-5-22)
Sec. 28-349. - Lot area.
Except as otherwise provided in section 28-901, every lot in the R-1C district upon which a structure or use is erected, altered or maintained shall have:
(1)
Single-family dwelling. An area of not less than 7,000 square feet per dwelling unit; and a minimum width of 60 feet.
(2)
Single-family attached and detached (zero lot line) dwelling. An area of not less than 4,000 square feet per dwelling unit; and a minimum width of 40 feet.
(3)
All other permitted uses. An area of not less than one acre; and a minimum width of 100 feet.
(4)
Uses allowed by special permit. A minimum area of not less than 7,000 square feet and a minimum width of 60 feet, subject to the provisions of section 28-130.
(Ord. No. 1986-49, § 1(4.504), 9-16-86; Ord. No. 2007-291, § 2, 5-1-07)
Sec. 28-350. - Height restrictions.
Except as provided in section 28-903, no structure or use in the R-1C district shall be erected, altered or maintained which exceeds 2½ stories or 35 feet in height.
(Ord. No. 1986-49, § 1(4.505), 9-16-86)
Sec. 28-351. - Yard requirements.
Except as provided in section 28-904, no structure or use in the R-1C district shall be erected, altered or maintained unless the following yards are provided:
(1)
Single-family dwelling. A front yard of not less than 25 feet; two side yards of not less than six feet each; and a rear yard of not less than 25 feet.
(2)
Single-family attached (zero lot line) dwelling. A front yard of not less than 25 feet; a rear yard of not less than 25 feet; and a side yard or yards with a combined width of not less than ten feet; provided, that the distance between principal detached structures on adjacent lots shall not be less than ten feet.
(3)
All other permitted uses. A front yard of not less than 50 feet; two side yards of not less than 25 feet each; and a rear yard of not less than 50 feet.
(4)
Uses allowed by special permit. A front yard of not less than 25 feet; two side yards of not less than six feet each; and a rear yard of not less than 25 feet; subject to the provisions of section 28-130(b).
(5)
Single-family detached (zero lot line) dwelling. A front yard of not less than 25 feet; a rear yard of not less than less than 25 feet; and a side yard not less than ten feet opposite the zero lot line side yard; provided, that the distance between principal detached structures on adjacent lots shall not be less than ten feet.
(Ord. No. 1986-49, § 1(4.506), 9-16-86; Ord. No. 2007-291, § 2, 5-1-07)
Sec. 28-352. - Additional regulations.
Uses in the R-1C district shall also comply with the following regulations:
(1)
Section 28-171 requiring review of development plans for all uses except single-family dwellings.
(2)
Chapter 9 regulating development in the escarpment zone.
(3)
Chapter 11 regulating development in floodplains.
(4)
A permit is required for all site work of property and for the construction or substantial alteration of a parking lot. "Substantial alteration" includes the adding of spaces or reconstruction of the parking lot area. Single-family residential uses shall be exempt from this requirement.
(Ord. No. 1986-49, § 1(4.507), 9-16-86; Ord. No. 1998-82, § 1, 5-4-99)
Sec. 28-353. - Distance requirement.
A community home I located in the R-1C district shall be located at least ½-mile from another community home I.
(Ord. No. 2004-0332, § 1, 6-15-04)
Sec. 28-371.- Purpose.
The R-2 two-family and attached single-family residence district is intended to provide for development of attached dwelling types at moderate densities where it may serve as a transitional use between single-family residential areas and more intensive uses; or in locations with convenient access to the major street system and proximity to community services.
(Ord. No. 1986-49, § 1(4.601), 9-16-86)
Sec. 28-372. - Permitted uses.
Permitted uses in the R-2 district are:
(1)
Single-family dwellings.
(2)
Single-family attached (zero lot line) dwellings.
(3)
Two-family dwellings, duplexes.
(4)
Public uses, such as parks, libraries, buildings and municipal zoos.
(5)
Schools including public and private schools, elementary and secondary schools, preschools, kindergartens, nursery schools and special schools, provided the use meets all setback, lot size and other development requirements applicable.
(6)
Houses of worship, convents, rectories, parsonages and parish houses.
(7)
Golf courses, but not miniature courses or driving ranges.
(8)
Fire stations, police stations, artesian wells, pumping stations, lakes, boat docks, boathouses, water supply reservoirs, filter beds, water tanks, towers or standpipes and marinas.
(9)
Railroad rights-of-way, railroad tracks, bridges and signals.
(10)
Public utilities; poles, wires and transmission and/or distribution lines and other transmission and distributing appurtenances, but not including office buildings or storage facilities, electrical energy production facilities, transformers or relay substations.
(11)
Accessory off-street parking and loading facilities subject to the provisions of article VII of this chapter.
(12)
Accessory signs subject to the provisions of article VIII of this chapter.
(13)
Other accessory uses subject to the provisions of section 28-926.
(14)
Home occupations subject to the provisions of section 28-928 and all other applicable provisions of this chapter.
(15)
Sale of beer for on-premise consumption, provided that such use is located on a public golf course.
(16)
Wireless communication system antennas on alternate independent support structures.
(17)
Community home I.
(18)
Single-family detached (zero lot line) dwellings.
(19)
Excavation, mining and/or removal of material limited to sand, soil or gravel, as an accessory use for the purpose of construction on the property or development of the property for a permitted use by right or by special permit; provided the excavation, mining and/or removal of material meet the following:
a.
The amount of material being removed from the site is not more than 125,000 cubic yards;
b.
A site grading permit is issued meeting all requirements of article III, division 3 of this chapter for a period of time that is specified in the site grading permit which period of time shall be reasonable for the amount of work that is being done as part of the construction on the property or development of the property for a permitted use, as determined by the building official; and
c.
If excavation, mining and/or removal of material is intended to create a water body or lake as an accessory use, the area of the water body or lake cannot exceed ten percent of the total area of the tract or lot where it is being constructed. This applies to the parent tract or lot and further division of the parent tract or lot will not permit additional water bodies or lake to exceed ten percent of the total area of the parent tract or lot.
(20)
Farmers' markets (except on lots containing only single-family uses) provided that a farmers' market permit has been issued in accordance with chapter 13 of this Code.
(21)
Sale of alcohol for off-premise consumption provided that such use occurs at a permitted farmers' market.
(22)
Temporary commercial parking facility.
(23)
Boarding house provided that:
a.
The boarding house is located within Zone 1 of the college and university neighborhoods district;
b.
The boarding house shall contain a maximum of six bedrooms; and
c.
Not more than one boarding house structure shall be located on a lot.
(24)
Bed and breakfast homestay establishment provided that a bed and breakfast facility license has been issued in accordance with chapter 13 of this Code.
(25)
Short-term rental type I provided that a short-term rental facility license has been issued in accordance with chapter 13 of this Code.
(26)
Short-term rental type II provided that a short-term rental facility license has been issued in accordance with chapter 13 of this Code.
(27)
Agricultural operations.
(28)
Accessory dwelling units.
(Ord. No. 1986-49, § 1(4.602), 9-16-86; Ord. No. 1987-24, § 12, 12-21-87; Ord. No. 1996-3, § 4, 2-20-96; Ord. No. 1997-30, § 1(b), 7-1-97; Ord. No. 2004-0332, § 1, 6-15-04; Ord. No. 2007-291, § 2, 5-1-07; Ord. No. 2010-692, § 1, 12-7-10; Ord. No. 2011-116, § 1, 3-1-11; Ord. No. 2014-432, § 1, 8-5-14; Ord. No. 2016-493, § 1, 8-2-16; Ord. No. 2017-703, § 2, 8-1-17; Ord. No. 2023-794, § 2, 9-19-23; Ord. No. 2023-969, § 1, 11-7-23)
Sec. 28-373. - Special uses.
Uses which may be allowed in the R-2 district by special permit in accordance with the provisions of section 28-121 et seq. are:
(1)
Sale of beer and wine for consumption off premises; provided that such use is located in a nonconforming retail grocery store.
(2)
Licensed group homes.
(3)
Clubs, lodges, fraternities and sororities where the chief activity is not a business.
(4)
Public utilities; electrical energy production facilities, transformers or relay substations and storage facilities.
(5)
Reserved.
(6)
Hospitals.
(7)
HUD-Code manufactured home parks or recreational vehicle parks or HUD-Code manufactured home subdivisions.
(8)
Excavation, mining and/or removal of any material, including, but not limited to, sand, soil and gravel, as an accessory use for the purpose of construction on the property or development of the property for a permitted use by right or by special permit, if (1) the amount of material being removed from the site is more than 125,000 cubic yards, or (2) the excavation and/or mining involving the removal of material is intended to construct a water body or lake as an accessory use and the area of the water body or lake exceeds ten percent of the total area of the lot or tract where it is being constructed; provided the excavation, mining and/or removal is conducted in accordance with all terms and conditions of the special use permit, the surface mining and excavation guidelines and all other applicable ordinances and codes of the city and meets the following conditions:
a.
The property on which the excavation, mining and/or removal operation is conducted is not located within 1,000 feet of 26 or more dwelling units, and
b.
Trucks used to transport excavated material from an excavation or mining operation site shall not be driven on a local or collector street that provides vehicular access to a residential subdivision containing 26 or more dwelling units.
(9)
Reserved.
(10)
Vocational rehabilitation enterprises, with a letter of support from the appropriate state or federal agency.
(11)
Reserved.
(12)
Bed and breakfast homestay establishments subject to the provisions of sections 28-960 through 28-963.
(13)
Child care facilities provided that: a. the lot sides or fronts onto an O, C, or M district, or fronts on a collector or arterial street; b. the driveway will be no closer than 100 feet from a signalized intersection; and c. the lot is not in the same block face (including both sides of the street) where any other child care facility or licensed group home already exists.
(14)
Outdoor recreational and amusement facility.
(15)
Community gardens provided that a community garden permit has been issued in accordance with chapter 13 of this Code (unless such permit is not required under chapter 13 of this Code).
(16)
Adult day care facilities.
(17)
Reserved.
(18)
Transitional shelter I.
(19)
Dwelling, small lot single-family provided that:
a.
The dwelling is located within the limits of the area depicted in the Imagine Waco, A Plan for Greater Downtown.
b.
The dwelling is located on a street that is 26 feet or wider and on-street parking is not restricted.
c.
If the dwelling is located on an arterial or collector street or the lot is less than 40 feet in width, access should be from an alley or an approved shared driveway with adjoining lot(s).
d.
The following architectural requirements will apply in addition to the requirements of section 28-223:
(i)
Front building façades must maintain a minimum of 25 percent openings in the wall which must consist of windows and doors. A side building façade located on a corner lot must maintain a minimum of 15 percent openings in the wall which must consist of windows and doors.
(ii)
Primary and accessory building materials must remain complimentary to each other, and of the surrounding character of similar structures.
(iii)
All structures must have at least one primary entrance. The main entrance of the home shall face the front property line.
(iv)
All structures shall provide an entry-level covered porch with a minimum depth of five feet along at least 50 percent of the front building façade.
(20)
House Museum.
(Ord. No. 1986-49, § 1(4.603), 9-16-86; Ord. No. 1987-3, §§ 8, 10, 2-17-87; Ord. No. 1987-24, § 9, 12-21-87; Ord. No. 1987-64, § 1, 11-24-87; Ord. No. 1988-45, § 14, 10-18-88; Ord. No. 1989-30, §§ 5, 6, 7-18-89; Ord. No. 1990-61, §§ 11, 15, 12-18-90; Ord. No. 1992-25, § 4, 7-7-92; Ord. No. 1997-2, § 1(a), 2-4-97; Ord. No. 1997-25A, § 1, 6-17-97; Ord. No. 1997-30, § 1(c), 7-1-97; Ord. No. 1998-53, § 1, 2-2-99; Ord. No. 2004-0332, § 1, 6-15-04; Ord. No. 2005-287, § 2, 5-3-05; Ord. No. 2010-692, § 1, 12-7-10; Ord. No. 2010-693, § 1, 12-7-10; Ord. No. 2013-481, § 1, 8-20-13; Ord. No. 2013-483, § 1, 8-20-13; Ord. No. 2016-174, § 1, 3-1-16; Ord. No. 2017-703, § 2, 8-1-17; Ord. No. 2022-440, § 2, 7-5-22)
Sec. 28-374. - Lot area.
Except as otherwise provided in section 28-901, every lot in the R-2 district upon which a structure or use is erected, altered or maintained shall have:
(1)
Single-family dwelling. An area of not less than 6,000 square feet per dwelling unit; and a minimum width of 50 feet.
(2)
Small lot single-family dwelling. An area of not less than 3,000 square feet per dwelling unit: and a minimum width of 30 feet.
(3)
Single-family attached and detached (zero lot line) dwelling. An area of not less than 4,000 square feet per dwelling unit; and a lot width of not less than 40 feet.
(4)
Two-family dwelling. An area of not less than 3,000 square feet per dwelling unit; and a lot width of not less than 50 feet.
(5)
All other permitted uses. An area of not less than one acre; and minimum width of 100 feet.
(6)
Uses allowed by special permit. A minimum area of not less than 6,000 square feet and a minimum width of 60 feet; subject to the provisions of section 28-130.
(Ord. No. 1986-49, § 1(4.604), 9-16-86; Ord. No. 2007-291, § 2, 5-1-07; Ord. No. 2016-174, § 1, 3-1-16)
Sec. 28-375. - Height restrictions.
Except as provided in section 28-903, no structure or use in the R-2 district shall be erected, altered or maintained which exceeds 2½ stories or 35 feet in height.
Sec. 28-376. - Yard requirements.
Except as provided in section 28-904, no structure or use in the R-2 district shall be erected, altered or maintained unless the following yards are provided:
(1)
Single-family or two-family dwelling. A front yard of not less than 25 feet; two side yards of not less than five feet each; and a rear yard of not less than 25 feet.
(2)
Single-family attached (zero lot line) dwelling. A front yard of not less than 25 feet; a rear yard of not less than 25 feet; and two side yards with a combined width of not less than ten feet; provided, that the distance between principal structures on adjacent lots shall not be less than ten feet.
(3)
All other permitted uses. A front yard of not less than 50 feet; two side yards of not less than 25 feet each; and a rear yard of not less than 50 feet.
(4)
Uses allowed by special permit. A front yard of not less than 25 feet; two side yards of not less than five feet each; and a rear yard of not less than 25 feet; subject to the provisions of section 28-130(b).
(5)
Single-family detached (zero lot line) dwelling. A front yard of not less than 25 feet; a rear yard of not less than less than 25 feet; and a side yard not less than ten feet opposite the zero lot line side yard; provided, that the distance between principal detached structures on adjacent lots shall not be less than ten feet.
(6)
Small lot single-family dwelling. A front yard of not less than 25 feet; a rear yard of not less than 25 feet; and two side yards with a combined width of not less than ten feet; provided, that the distance between principal structures on adjacent lots shall not be less than ten feet.
(Ord. No. 1986-49, § 1(4.606), 9-16-86; Ord. No. 2007-291, § 2, 5-1-07; Ord. No. 2016-174, § 1, 3-1-16)
Sec. 28-377. - Additional regulations.
Uses in the R-2 district shall also comply with the following regulations:
(1)
Section 28-171 requiring review of development plans for all uses except single-family dwellings.
(2)
Chapter 9 regulating development in the escarpment zone.
(3)
Chapter 11 regulating development in floodplains.
(4)
A permit is required for all site work of property and for the construction or substantial alteration of a parking lot. "Substantial alteration" includes the adding of spaces or reconstruction of the parking lot area. Single-family residential uses shall be exempt from this requirement.
(Ord. No. 1986-49, § 1(4.607), 9-16-86; Ord. No. 1998-82, § 1, 5-4-99)
Sec. 28-378. - Distance requirement.
A community home I located in the R-2 district shall be located at least ½-mile from another community home I.
(Ord. No. 2004-0332, § 1, 6-15-04)
Sec. 28-396.- Purpose.
The R-3A multiple-family residences district is intended to provide for development of townhouses and other types of multiple-family dwellings at a moderate density in proximity to single-family residential areas or in locations where the natural topographic or other site features are unsuitable for development at a higher density.
(Ord. No. 1986-49, § 1(4.701), 9-16-86)
Sec. 28-397. - Permitted uses.
Permitted uses in the R-3A district are:
(1)
Single-family dwellings, detached.
(2)
Single-family attached (zero lot line) dwellings.
(3)
Two-family dwellings, duplexes.
(4)
Townhouse dwellings.
(5)
Multiple-family dwellings.
(6)
Public uses, such as parks, libraries, buildings and municipal zoos.
(7)
Schools including public and private schools, elementary and secondary schools, preschools, kindergartens, nursery schools and special schools, provided the use meets all setback, lot size and other development requirements applicable.
(8)
Houses of worship, convents, rectories, parsonages and parish houses.
(9)
Golf courses, but not miniature courses or driving ranges.
(10)
Fire stations, police stations, artesian wells, pumping stations, lakes, boat docks, boathouses, water supply reservoirs, filter beds, water tanks, towers or standpipes and marinas.
(11)
Railroad rights-of-way, railroad tracks, bridges and signals.
(12)
Public utilities; poles, wires and transmission and/or distribution lines and other transmission and distributing appurtenances, but not including office buildings or storage facilities, electrical energy production facilities, transformers or relay substations.
(13)
Accessory off-street parking and loading facilities subject to the provisions of article VII of this chapter.
(14)
Accessory signs subject to the provisions of article VIII of this chapter.
(15)
Other accessory uses subject to the provisions of section 28-926.
(16)
Home occupations subject to the provisions of section 28-928 and all other applicable provisions of this chapter.
(17)
Licensed group homes.
(18)
Sale of beer for on-premise consumption, provided that such use is located on a public golf course.
(19)
Wireless communication system antennas on alternate independent support structures.
(20)
Community home I.
(21)
Single-family detached (zero lot line) dwellings.
(22)
Excavation, mining and/or removal of material limited to sand, soil or gravel, as an accessory use for the purpose of construction on the property or development of the property for a permitted use by right or by special permit; provided the excavation, mining and/or removal of material meet the following:
a.
The amount of material being removed from the site is not more than 125,000 cubic yards;
b.
A site grading permit is issued meeting all requirements of article III, division 3 of this chapter for a period of time that is specified in the site grading permit which period of time shall be reasonable for the amount of work that is being done as part of the construction on the property or development of the property for a permitted use, as determined by the building official; and
c.
If excavation, mining and/or removal of material is intended to create a water body or lake as an accessory use, the area of the water body or lake cannot exceed ten percent of the total area of the tract or lot where it is being constructed. This applies to the parent tract or lot and further division of the parent tract or lot will not permit additional water bodies or lake to exceed ten percent of the total area of the parent tract or lot.
(23)
Farmers' markets (except on lots containing only single-family uses) provided that a farmers' market permit has been issued in accordance with chapter 13 of this Code.
(24)
Sale of alcohol for off-premise consumption provided that such use occurs at a permitted farmers' market.
(25)
Community gardens provided that a community garden permit has been issued in accordance with chapter 13 of this Code (unless such permit is not required under chapter 13 of this Code).
(26)
Bed and breakfast homestay establishment provided that a bed and breakfast facility license has been issued in accordance with chapter 13 of this Code.
(27)
Short-term rental type I provided that a short-term rental facility license has been issued in accordance with chapter 13 of this Code.
(28)
Short-term rental type II provided that a short-term rental facility license has been issued in accordance with chapter 13 of this Code.
(29)
Agricultural operations.
(30)
Accessory dwelling units.
(Ord. No. 1986-49, § 1(4.702), 9-16-86; Ord. No. 1987-24, § 12, 12-21-87; Ord. No. 1988-45, § 10, 10-18-88; Ord. No. 1990-61, §§ 6, 8, 15, 12-18-90; Ord. No. 1996-3, § 4, 2-20-96; Ord. No. 1997-30, § 1(d), 7-1-97; Ord. No. 2004-0332, § 1, 6-15-04; Ord. No. 2007-291, § 2, 5-1-07; Ord. No. 2010-692, § 1, 12-7-10; Ord. No. 2011-116, § 1, 3-1-11; Ord. No. 2013-483, § 1, 8-20-13; Ord. No. 2017-703, § 2, 8-1-17; Ord. No. 2023-794, § 2, 9-19-23; Ord. No. 2023-969, § 1, 11-7-23)
Sec. 28-398. - Special uses.
Uses which may be allowed in the R-3A district by special permit in accordance with the provisions of section 28-121 et seq. are:
(1)
Sale of beer and wine for consumption off premises; provided that such use is located in a nonconforming retail grocery store.
(2)
Clubs, lodges, fraternities and sororities where the chief activity is not a business.
(3)
Convalescent or rest homes.
(4)
Public utilities; electrical energy production facilities, transformers or relay substations and storage facilities.
(5)
Reserved.
(6)
Schools; colleges and universities.
(7)
Hospitals.
(8)
HUD-Code manufactured home parks or recreational vehicle parks or HUD-Code manufactured home subdivisions.
(9)
Excavation, mining and/or removal of any material, including, but not limited to, sand, soil and gravel, as an accessory use for the purpose of construction on the property or development of the property for a permitted use by right or by special permit, if (1) the amount of material being removed from the site is more than 125,000 cubic yards, or (2) the excavation and/or mining involving the removal of material is intended to construct a water body or lake as an accessory use and the area of the water body or lake exceeds ten percent of the total area of the lot or tract where it is being constructed; provided the excavation, mining and/or removal is conducted in accordance with all terms and conditions of the special use permit, the surface mining and excavation guidelines and all other applicable ordinances and codes of the city and meets the following conditions:
a.
The property on which the excavation, mining and/or removal operation is conducted is not located within 1,000 feet of 26 or more dwelling units, and
b.
Trucks used to transport excavated material from an excavation or mining operation site shall not be driven on a local or collector street that provides vehicular access to a residential subdivision containing 26 or more dwelling units.
(10)
Reserved.
(11)
Vocational rehabilitation enterprises, with a letter of support from the appropriate state agency or federal agency.
(12)
Community home II.
(13)
Bed and breakfast inn provided that a bed and breakfast facility license has been issued in accordance with chapter 13 of this Code.
(14)
Child care facilities provided that: a. the lot sides or fronts onto an O, C, or M district, or fronts on a collector or arterial street; b. the driveway will be no closer than 100 feet from a signalized intersection; and c. the lot is not in the same block face (including both sides of the street) where any other child care facility or licensed group home already exists.
(15)
Outdoor recreational and amusement facility.
(16)
Reserved.
(17)
Reserved.
(18)
Adult day care facilities.
(19)
Reserved.
(20)
Transitional shelter I.
(21)
Dwelling, small lot single-family provided that:
a.
The dwelling is located within the limits of the area depicted in the Imagine Waco, A Plan for Greater Downtown.
b.
The dwelling is located on a street that is 26 feet or wider and on-street parking is not restricted.
c.
If the dwelling is located on an arterial or collector street or the lot is less than 40 feet in width, access should be from an alley or an approved shared driveway with adjoining lot(s).
d.
The following architectural requirements will apply in addition to the requirements of section 28-223:
(i)
Front building facades must maintain a minimum of 25 percent openings in the wall which must consist of windows and doors. A side building façade located on a corner lot must maintain a minimum of 15 percent openings in the wall which must consist of windows and doors.
(ii)
Primary and accessory building materials must remain complimentary to each other, and of the surrounding character of similar structures.
(iii)
All structures must have at least one primary entrance. The main entrance of the home shall face the front property line.
(iv)
All structures shall provide an entry-level covered porch with a minimum depth of five feet along at least 50 percent of the front building façade.
(22)
Reserved.
(23)
House Museum.
(Ord. No. 1986-49, § 1(4.703), 9-16-86; Ord. No. 1987-3, §§ 8, 10, 2-17-87; Ord. No. 1987-24, § 9, 12-21-87; Ord. No. 1987-64, § 1, 11-24-87; Ord. No. 1988-45, § 14, 10-18-88; Ord. No. 1989-30, §§ 5, 6, 7-18-89; Ord. No. 1990-61, § 11, 12-18-90; Ord. No. 1992-25, § 4, 7-7-92; Ord. No. 1997-2, § 1(b), (c), 2-4-97; Ord. No. 1997-25A, § 1, 6-17-97; Ord. No. 1997-30, § 1(e), 7-1-97; Ord. No. 1998-53, § 1, 2-2-99; Ord. No. 2004-0332, § 1, 6-15-04; Ord. No. 2005-287, § 2, 5-3-05; Ord. No. 2010-692, § 1, 12-7-10; Ord. No. 2010-693, § 1, 12-7-10; Ord. No. 2013-481, § 1, 8-20-13; Ord. No. 2013-483, § 1, 8-20-13; Ord. No. 2016-174, § 1, 3-1-16; Ord. No. 2017-703, § 2, 8-1-17; Ord. No. 2021-365, § 1, 6-1-21; Ord. No. 2022-440, § 2, 7-5-22)
Sec. 28-399. - Lot area.
Except as otherwise provided in section 28-901, every lot in the R-3A district upon which a structure or use is erected, altered or maintained shall have:
(1)
Single-family dwelling. An area of not less than 6,000 square feet per dwelling unit; and a minimum width of 50 feet.
(2)
Single-family attached and detached (zero lot line) dwelling. A lot area of not less than 4,000 square feet per dwelling unit; and a minimum width of 40 feet.
(3)
Small lot single-family dwelling. An area of not less than 3,000 square feet per dwelling unit; and a minimum width of 30 feet.
(4)
Two-family dwelling. An area of not less than 3,000 square feet per dwelling unit; and a minimum width of 80 feet.
(5)
Townhouse dwelling. An area of not less than 6,000 square feet for each dwelling unit; and a minimum width of 20 feet for each dwelling unit.
(6)
Multiple-family dwelling. An area of 6,000 square feet for each dwelling unit (7.26 units per acre); and a minimum width of 120 feet.
(7)
All other permitted uses. An area of not less than one acre; and a minimum width of 100 feet.
(8)
Uses allowed by special permit. An area of not less than 7,000 square feet and a minimum width of 60 feet; subject to the provisions of section 28-130(b).
(Ord. No. 1986-49, § 1(4.704), 9-16-86; Ord. No. 2007-291, § 2, 5-1-07; Ord. No. 2007-356, § 2, 6-5-07; Ord. No. 2016-174, § 1, 3-1-16)
Sec. 28-400. - Height restrictions.
Except as provided in section 28-903, no structure or use in the R-3A district shall be erected, altered or maintained which exceeds 2½ stories or 35 feet in height.
(Ord. No. 1986-49, § 1(4.705), 9-16-86)
Sec. 28-401. - Yard requirements.
Except as provided in section 28-904, no structure or use in the R-3A district shall be erected, altered or maintained unless the following yards are provided:
(1)
All dwellings except single-family attached (zero lot line) dwellings. A front yard of not less than 25 feet; a rear yard of not less than 25 feet; and two side yards of not less than five feet each, except that:
a.
A side yard shall not be required where a side lot line is coterminous with a party wall of a townhouse dwelling.
b.
The required side or rear yard adjacent to a lot in an R-1A, R-1B, or R-1C district shall be increased by one foot for each two feet, or fraction thereof, by which the principal structure exceeds 25 feet in height.
c.
A side yard of not less than 15 feet shall be provided where a side yard is adjacent to a side street, except as provided in section 28-904(f).
(2)
Single-family attached (zero lot line) dwelling. A front yard of not less than 25 feet; a rear yard of not less than 30 feet abutting an R-1 or R-2 district; a rear yard of not less than 25 feet abutting an R-3, O, C or M district; and a side yard or yards with a combined width of not less than ten feet; provided that the distance between principal structures on adjacent lots shall not be less than ten feet.
(3)
Uses allowed by special permit. Same as for permitted uses in subsection (1) of this section, subject to the provisions of section 28-130(b).
(4)
Other permitted uses. A front yard of not less than 50 feet; two side yards of not less than 25 feet; and a rear yard of not less than 50 feet.
(5)
Single-family detached (zero lot line) dwelling. A front yard of not less than 25 feet; a rear yard of not less than less than 25 feet; and a side yard not less than ten feet opposite the zero lot line side yard; provided, that the distance between principal detached structures on adjacent lots shall not be less than ten feet.
(6)
Small lot single-family dwelling. A front yard of not less than 25 feet; a rear yard of not less than 25 feet; and two side yards with a combined width of not less than ten feet; provided, that the distance between principal structures on adjacent lots shall not be less than ten feet.
(Ord. No. 1986-49, § 1(4.706), 9-16-86; Ord. No. 1987-3, § 11, 2-17-87; Ord. No. 2007-291, § 2, 5-1-07; Ord. No. 2016-174, § 1, 3-1-16)
Sec. 28-402. - Additional regulations.
Uses in the R-3A district shall also comply with the following regulations:
(1)
Section 28-171 requiring review of development plans for all uses except single-family dwellings.
(2)
Chapter 9 regulating development in the escarpment zone.
(3)
Chapter 11 regulating development in floodplains.
(4)
A permit is required for all site work of property and for the construction or substantial alteration of a parking lot. "Substantial alteration" includes the adding of spaces or reconstruction of the parking lot area. Single-family residential uses shall be exempt from this requirement.
(Ord. No. 1986-49, § 1(4.707), 9-16-86; Ord. No. 1998-82, § 1, 5-4-99)
Sec. 28-403. - Distance requirement.
(a)
A community home I located in the R-3A district shall be located at least ½-mile from another community home I.
(b)
A community home II located in the R-3A district shall be located at least 500 feet from any lot used for a school, day care center, or another community home II, transitional shelter, shelter, or halfway house.
(Ord. No. 2004-0332, § 1, 6-15-04)
Sec. 28-421.- Purpose.
The R-3B multiple-family residence district is intended to provide for development of townhouses and other types of multiple-family dwellings at a moderate density in proximity to single-family residential areas or in locations where the natural topographic or other site features are unsuitable for development at a higher density.
(Ord. No. 1986-49, § 1(4.801), 9-16-86)
Sec. 28-422. - Permitted uses.
Permitted uses in the R-3B district are:
(1)
Single-family dwellings, detached.
(2)
Single-family attached (zero lot line) dwellings.
(3)
Two-family dwellings, duplexes.
(4)
Townhouse dwellings.
(5)
Multiple-family dwellings.
(6)
Public uses, such as parks, libraries, buildings and municipal zoos.
(7)
Schools including public and private schools, elementary and secondary schools, preschools, kindergartens, nursery schools and special schools, provided the use meets all setback, lot size and other development requirements applicable.
(8)
Houses of worship, convents, rectories, parsonages and parish houses.
(9)
Golf courses, but not miniature courses or driving ranges.
(10)
Fire stations, police stations, artesian wells, pumping stations, lakes, boat docks, boathouses, water supply reservoirs, filter beds, water tanks, towers or standpipes and marinas.
(11)
Railroad rights-of-way, railroad tracks, bridges and signals.
(12)
Public utilities; poles, wires and transmission and/or distribution lines and other transmission and distributing appurtenances, but not including office buildings or storage facilities, electrical energy production facilities, transformers or relay substations.
(13)
Accessory off-street parking and loading facilities subject to the provisions of article VII of this chapter.
(14)
Accessory signs subject to the provisions of article VIII of this chapter.
(15)
Other accessory uses subject to the provisions of section 28-926.
(16)
Home occupations subject to the provisions of section 28-928 and all other applicable provisions of this chapter.
(17)
Licensed group homes.
(18)
Sale of beer for on-premise consumption, provided that such use is located on a public golf course.
(19)
Wireless communication system antennas on alternate independent support structures.
(20)
Community home I.
(21)
Single-family detached (zero lot line) dwellings.
(22)
Excavation, mining and/or removal of material limited to sand, soil or gravel, as an accessory use for the purpose of construction on the property or development of the property for a permitted use by right or by special permit; provided the excavation, mining and/or removal of material meet the following:
a.
The amount of material being removed from the site is not more than 125,000 cubic yards;
b.
A site grading permit is issued meeting all requirements of article III, division 3 of this chapter for a period of time that is specified in the site grading permit which period of time shall be reasonable for the amount of work that is being done as part of the construction on the property or development of the property for a permitted use, as determined by the building official; and
c.
If excavation, mining and/or removal of material is intended to create a water body or lake as an accessory use, the area of the water body or lake cannot exceed ten percent of the total area of the tract or lot where it is being constructed. This applies to the parent tract or lot and further division of the parent tract or lot will not permit additional water bodies or lake to exceed ten percent of the total area of the parent tract or lot.
(23)
Farmers' markets (except on lots containing only single-family uses) provided that a farmers' market permit has been issued in accordance with chapter 13 of this Code.
(24)
Sale of alcohol for off-premise consumption provided that such use occurs at a permitted farmers' market.
(25)
Community gardens provided that a community garden permit has been issued in accordance with chapter 13 of this Code (unless such permit is not required under chapter 13 of this Code).
(26)
Boarding house provided that:
a.
The boarding house is located within Zone 1 of the college and university neighborhoods district;
b.
The boarding house shall contain a maximum of eight bedrooms; and
c.
Not more than one boarding house structure shall be located on a lot.
(27)
Bed and breakfast homestay establishment provided that a bed and breakfast facility license has been issued in accordance with chapter 13 of this Code.
(28)
Short-term rental type I provided that a short-term rental facility license has been issued in accordance with chapter 13 of this Code.
(29)
Short-term rental type II provided that a short-term rental facility license has been issued in accordance with chapter 13 of this Code.
(30)
Agricultural operations.
(31)
Accessory dwelling units.
(Ord. No. 1986-49, § 1(4.802), 9-16-86; Ord. No. 1987-24, § 12, 12-21-87; Ord. No. 1988-45, § 10, 10-18-88; Ord. No. 1990-61, §§ 6, 8, 15, 12-18-90; Ord. No. 1996-3, § 4, 2-20-96; Ord. No. 1997-30, § 1(d), 7-1-97; Ord. No. 2004-0332, § 1, 6-15-04; Ord. No. 2007-291, § 2, 5-1-07; Ord. No. 2010-692, § 1, 12-7-10; Ord. No. 2011-116, § 1, 3-1-11; Ord. No. 2013-483, § 1, 8-20-13; Ord. No. 2016-493, § 1, 8-2-16; Ord. No. 2017-703, § 2, 8-1-17; Ord. No. 2023-794, § 2, 9-19-23; Ord. No. 2023-969, § 1, 11-7-23)
Sec. 28-423. - Special uses.
Uses which may be allowed in the R-3B district by special permit in accordance with the provisions of section 28-121 et seq. are:
(1)
Sale of beer and wine for consumption off premises; provided that such use is located in a nonconforming retail grocery store.
(2)
Clubs, lodges, fraternities and sororities where the chief activity is not a business.
(3)
Convalescent or rest homes.
(4)
Public utilities; electrical energy production facilities, transformers or relay substations and storage facilities.
(5)
Reserved.
(6)
Hospitals.
(7)
HUD-Code manufactured home parks or recreational vehicle parks or HUD-Code manufactured home subdivisions.
(8)
Excavation, mining and/or removal of any material, including, but not limited to, sand, soil and gravel, as an accessory use for the purpose of construction on the property or development of the property for a permitted use by right or by special permit, if (1) the amount of material being removed from the site is more than 125,000 cubic yards, or (2) the excavation and/or mining involving the removal of material is intended to construct a water body or lake as an accessory use and the area of the water body or lake exceeds ten percent of the total area of the lot or tract where it is being constructed; provided the excavation, mining and/or removal is conducted in accordance with all terms and conditions of the special use permit, the surface mining and excavation guidelines and all other applicable ordinances and codes of the city and meets the following conditions:
a.
The property on which the excavation, mining and/or removal operation is conducted is not located within 1,000 feet of 26 or more dwelling units, and
b.
Trucks used to transport excavated material from an excavation or mining operation site shall not be driven on a local or collector street that provides vehicular access to a residential subdivision containing 26 or more dwelling units.
(9)
Reserved.
(10)
Vocational rehabilitation enterprises, with a letter of support from the appropriate state or federal agency.
(11)
Community home II.
(12)
Bed and breakfast inn provided that a bed and breakfast facility license has been issued in accordance with chapter 13 of this Code.
(13)
Schools; colleges and universities.
(14)
Child care facilities provided that: a. the lot sides or fronts onto an O, C, or M district, or fronts in a collector or arterial street; b. the driveway will be no closer than 100 feet from a signalized intersection; and c. the lot is not in the same block face (including both sides of the street) where any other child care facility or licensed group home already exists.
(15)
Outdoor recreational and amusement facility.
(16)
Reserved.
(17)
Reserved.
(18)
Adult day care facilities.
(19)
Reserved.
(20)
Transitional shelter I.
(21)
Dwelling, small lot single-family provided that:
a.
The dwelling is located within the limits of the area depicted in the Imagine Waco, A Plan for Greater Downtown.
b.
The dwelling is located on a street that is 26 feet or wider and on-street parking is not restricted.
c.
If the dwelling is located on an arterial or collector street or the lot is less than 40 feet in width, access should be from an alley or an approved shared driveway with adjoining lot(s).
d.
The following architectural requirements will apply in addition to the requirements of section 28-223:
(i)
Front building façades must maintain a minimum of 25 percent openings in the wall which must consist of windows and doors. A side building façade located on a corner lot must maintain a minimum of 15 percent openings in the wall which must consist of windows and doors.
(ii)
Primary and accessory building materials must remain complimentary to each other, and of the surrounding character of similar structures.
(iii)
All structures must have at least one primary entrance. The main entrance of the home shall face the front property line.
(iv)
All structures shall provide an entry-level covered porch with a minimum depth of five feet along at least 50 percent of the front building façade.
(22)
Reserved.
(23)
House Museum.
(Ord. No. 1986-49, § 1(4.803), 9-16-86; Ord. No. 1987-3, §§ 8, 10, 2-17-87; Ord. No. 1987-24, § 9, 12-21-87; Ord. No. 1987-64, § 1, 11-24-87; Ord. No. 1988-45, § 14, 10-18-88; Ord. No. 1989-30, §§ 5, 6, 7-18-89; Ord. No. 1990-61, § 11, 12-18-90; Ord. No. 1992-25, § 4, 7-7-92; Ord. No. 1997-2, § 1(b), (c), 2-4-97; Ord. No. 1997-25A, § 1, 6-17-97; Ord. No. 1997-30, § 1(e), 7-1-97; Ord. No. 1998-53, § 1, 2-2-99; Ord. No. 2004-0332, § 1, 6-15-04; Ord. No. 2005-287, § 2, 5-3-05; Ord. No. 2010-692, § 1, 12-7-10; Ord. No. 2010-693, § 1, 12-7-10; Ord. No. 2013-481, § 1, 8-20-13; Ord. No. 2013-483, § 1, 8-20-13; Ord. No. 2016-174, § 1, 3-1-16; Ord. No. 2017-703, § 2, 8-1-17; Ord. No. 2021-365, § 1, 6-1-21; Ord. No. 2022-440, § 2, 7-5-22)
Sec. 28-424. - Lot area.
Except as otherwise provided in section 28-901, every lot in the R-3B district upon which a structure or use is erected, altered or maintained shall have:
(1)
Single-family dwelling. An area of not less than 6,000 square feet per dwelling unit; and a minimum width of 50 feet.
(2)
Two-family dwelling. An area of not less than 3,000 square feet per dwelling unit; and a minimum width of 60 feet.
(3)
Small lot single-family dwelling. An area of not less than 3,000 square feet per dwelling unit; and a minimum width of 30 feet.
(4)
Single-family attached and detached (zero lot line) dwelling. A lot area of not less than 4,000 square feet per dwelling unit; and a minimum width of 40 feet.
(5)
Townhouse dwelling. An area of not less than 3,360 square feet for each dwelling unit; and a minimum width of 20 feet for each dwelling unit.
(6)
Multiple-family dwelling. An area of 3,360 square feet for each dwelling unit (13 units per acre); and a minimum width of 100 feet.
(7)
All other permitted uses. An area of not less than one acre; and a minimum width of 100 feet.
(8)
Uses allowed by special permits. An area of not less than 6,000 square feet and a minimum width of 60 feet; subject to the provisions of section 28-130.
(Ord. No. 1986-49, § 1(4.804), 9-16-86; Ord. No. 2007-291, § 2, 5-1-07; Ord. No. 2007-356, § 2, 6-5-07; Ord. No. 2016-174, § 1, 3-1-16)
Sec. 28-425. - Height restrictions.
Except as provided in section 28-903, no structure or use in the R-3B district shall be erected, altered or maintained which exceeds 2½ stories or 35 feet in height.
(Ord. No. 1986-49, § 1(4.805), 9-16-86)
Sec. 28-426. - Yard requirements.
Except as provided in section 28-904, no structure or use in the R-3B district shall be erected, altered or maintained unless the following yards are provided:
(1)
All dwellings except single-family attached (zero lot line) dwellings. A front yard of not less than 25 feet; a rear yard of not less than 25 feet; and two side yards of not less than five feet each, except that:
a.
A side yard shall not be required where a side lot line is coterminous with a party wall of a townhouse dwelling.
b.
The required side or rear yard adjacent to a lot in an R-1A, R-1B or R-1C district shall be increased by one foot for each two feet, or fraction thereof, by which the principal structure exceeds 25 feet in height.
c.
A side yard of not less than 15 feet shall be provided where a side yard is adjacent to a side street, except as provided in section 28-904(f).
(2)
Single-family attached (zero lot line) dwelling. A front yard of not less than 25 feet; a rear yard of not less than 25 feet abutting an R-1 or R-2 district; a rear yard of not less than 25 feet abutting an R-3, O, C or M district; and a side yard or yards with a combined width of not less than ten feet; provided, that the distance between principal structures on adjacent lots shall not be less than ten feet.
(3)
Uses allowed by special permit. Same as for permitted uses in subsection (1) of this section, subject to the provisions of section 28-130(b).
(4)
Other permitted uses. A front yard of not less than 50 feet; two side yards of not less than 25 feet; and a rear yard of not less than 50 feet.
(5)
Single-family detached (zero lot line) dwelling. A front yard of not less than 25 feet; a rear yard of not less than less than 25 feet; and a side yard not less than ten feet opposite the zero lot line side yard; provided, that the distance between principal detached structures on adjacent lots shall not be less than ten feet.
(6)
Small lot single-family dwelling. A front yard of not less than 25 feet; a rear yard of not less than 25 feet; and two side yards with a combined width of not less than ten feet; provided, that the distance between principal structures on adjacent lots shall not be less than ten feet.
(Ord. No. 1986-49, § 1(4.806), 9-16-86; Ord. No. 1987-3, § 11, 2-17-87; Ord. No. 2007-291, § 2, 5-1-07; Ord. No. 2016-174, § 1, 3-1-16)
Sec. 28-427. - Additional regulations.
Uses in the R-3B district shall also comply with the following regulations:
(1)
Section 28-171 requiring review of development plans for all uses except single-family dwellings.
(2)
Chapter 9 regulating development in the escarpment zone.
(3)
Chapter 11 regulating development in floodplains.
(4)
A permit is required for all site work of property and for the construction or substantial alteration of a parking lot. "Substantial alteration" includes the adding of spaces or reconstruction of the parking lot area. Single-family residential uses shall be exempt from this requirement.
(Ord. No. 1986-49, § 1(4.807), 9-16-86; Ord. No. 1998-82, § 1, 5-4-99)
Sec. 28-428. - Distance requirement.
(a)
A community home I located in the R-3B district shall be located at least ½-mile from another community home I.
(b)
A community home II located in the R-3B district shall be located at least 500 feet from any lot used for a school, day care center, or another community home II, transitional shelter, shelter, or halfway house.
(Ord. No. 2004-0332, § 1, 6-15-04)
Sec. 28-446.- Purpose.
The R-3C multiple-family residence district is intended to provide for development of multiple-family dwellings in urban locations which have close proximity to centers of employment, major transportation corridors or major educational institutions. Permitted density is consistent with availability of a full range of community facilities and public services.
(Ord. No. 1986-49, § 1(4.901), 9-16-86)
Sec. 28-447. - Permitted uses.
Permitted uses in the R-3C district are:
(1)
Single-family dwellings.
(2)
Single-family (zero lot line) dwellings.
(3)
Two-family dwellings, duplexes.
(4)
Townhouse dwellings.
(5)
Multiple-family dwellings.
(6)
Public uses, such as parks, libraries, buildings and municipal zoos.
(7)
Schools including public and private schools, elementary and secondary schools, preschools, kindergartens, nursery schools and special schools, provided the use meets all setback, lot size and other development requirements applicable.
(8)
Houses of worship, convents, rectories, parsonages and parish houses.
(9)
Golf ranges, but not miniature courses or driving ranges.
(10)
Fire stations, police stations, artesian wells, pumping stations, lakes, boat docks, boathouses, water supply reservoirs, filter beds, water tanks, towers or standpipes and marinas.
(11)
Railroad rights-of-way, railroad tracks, bridges and signals.
(12)
Public utilities; poles, wires and transmission and/or distribution lines and other transmission and distributing appurtenances, but not including office buildings or storage facilities, electrical energy production facilities, transformers or relay substations.
(13)
Accessory off-street parking and loading facilities subject to the provisions of article VII of this chapter.
(14)
Accessory signs subject to the provisions of article VIII of this chapter.
(15)
Other accessory uses subject to the provisions of division 3 of article V of this chapter.
(16)
Home occupations subject to the provisions of section 28-928 and all other applicable provisions of this chapter.
(17)
Licensed group homes.
(18)
Sale of beer for on-premise consumption, provided that such use is located on a public golf course.
(19)
Wireless communication system antennas on alternate independent support structures.
(20)
Community home I.
(21)
Single-family detached (zero lot line) dwellings.
(22)
Excavation, mining and/or removal of material limited to sand, soil or gravel, as an accessory use for the purpose of construction on the property or development of the property for a permitted use by right or by special permit; provided the excavation, mining and/or removal of material meet the following:
a.
The amount of material being removed from the site is not more than 125,000 cubic yards;
b.
A site grading permit is issued meeting all requirements of article III, division 3 of this chapter for a period of time that is specified in the site grading permit which period of time shall be reasonable for the amount of work that is being done as part of the construction on the property or development of the property for a permitted use, as determined by the building official; and
c.
If excavation, mining and/or removal of material is intended to create a water body or lake as an accessory use, the area of the water body or lake cannot exceed ten percent of the total area of the tract or lot where it is being constructed. This applies to the parent tract or lot and further division of the parent tract or lot will not permit additional water bodies or lake to exceed ten percent of the total area of the parent tract or lot.
(23)
Farmers' markets (except on lots containing only single-family uses) provided that a farmers' market permit has been issued in accordance with chapter 13 of this Code.
(24)
Sale of alcohol for off-premise consumption provided that such use occurs at a permitted farmers' market.
(25)
Community gardens provided that a community garden permit has been issued in accordance with chapter 13 of this Code (unless such permit is not required under chapter 13 of this Code).
(26)
Boarding house provided that:
a.
The boarding house is located within Zone 1 of the college and university neighborhoods district; and
b.
The boarding house shall contain a maximum of eight bedrooms.
(27)
Bed and breakfast homestay establishment provided that a bed and breakfast facility license has been issued in accordance with chapter 13 of this Code.
(28)
Short-term rental type I provided that a short-term rental facility license has been issued in accordance with chapter 13 of this Code.
(29)
Short-term rental type II provided that a short-term rental facility license has been issued in accordance with chapter 13 of this Code.
(30)
Agricultural operations.
(31)
Accessory dwelling units.
(Ord. No. 1986-49, § 1(4.902), 9-16-86; Ord. No. 1987-24, § 12, 12-21-87; Ord. No. 1988-45, § 10, 10-18-88; Ord. No. 1990-61, §§ 6, 8, 15, 12-18-90; Ord. No. 1996-3, § 4, 2-20-96; ; Ord. No. 1997-30, § 1(d), 7-1-97; Ord. No. 2004-0332, § 1, 6-15-04; Ord. No. 2007-291, § 2, 5-1-07; Ord. No. 2010-692, § 1, 12-7-10; Ord. No. 2011-116, § 1, 3-1-11; Ord. No. 2013-483, § 1, 8-20-13; Ord. No. 2016-493, § 1, 8-2-16; Ord. No. 2017-703, § 2, 8-1-17; Ord. No. 2023-794, § 2, 9-19-23; Ord. No. 2023-969, § 1, 11-7-23)
Sec. 28-448. - Special uses.
Uses which may be allowed in the R-3C district by special permit in accordance with the provisions of section 28-121 et seq. are:
(1)
Sale of beer and wine for consumption off premises; provided that such use is located in a nonconforming retail grocery store.
(2)
Clubs, lodges, fraternities and sororities where the chief activity is not a business.
(3)
Convalescent or rest homes.
(4)
Public utilities; electrical energy production facilities, transformers or relay substations and storage facilities.
(5)
Reserved.
(6)
Hospitals.
(7)
HUD-Code manufactured home parks or recreational vehicle parks or HUD-Code manufactured home subdivisions.
(8)
Excavation, mining and/or removal of any material, including, but not limited to, sand, soil and gravel, as an accessory use for the purpose of construction on the property or development of the property for a permitted use by right or by special permit, if (1) the amount of material being removed from the site is more than 125,000 cubic yards, or (2) the excavation and/or mining involving the removal of material is intended to construct a water body or lake as an accessory use and the area of the water body or lake exceeds ten percent of the total area of the lot or tract where it is being constructed; provided the excavation, mining and/or removal is conducted in accordance with all terms and conditions of the special use permit, the surface mining and excavation guidelines and all other applicable ordinances and codes of the city and meets the following conditions:
a.
The property on which the excavation, mining and/or removal operation is conducted is not located within 1,000 feet of 26 or more dwelling units, and
b.
Trucks used to transport excavated material from an excavation or mining operation site shall not be driven on a local or collector street that provides vehicular access to a residential subdivision containing 26 or more dwelling units.
(9)
Reserved.
(10)
Vocational rehabilitation enterprises, with a letter of support from the appropriate state or federal agency.
(11)
Community home II.
(12)
Bed and breakfast inn provided that a bed and breakfast facility license has been issued in accordance with chapter 13 of this Code.
(13)
Schools; colleges and universities.
(14)
Child care facilities provided that: a. the lot sides or fronts onto an O, C, or M district, or fronts on a collector or arterial street; b. the driveway will be no closer than 100 feet from a signalized intersection; and c. the lot is not in the same block face (including both sides of the street) where any other child care facility or licensed group home already exists.
(15)
Outdoor recreational and amusement facility.
(16)
Reserved.
(17)
Reserved.
(18)
Adult day care facilities.
(19)
Reserved.
(20)
Transitional shelter I.
(21)
Reserved.
(22)
House Museum.
(Ord. No. 1986-49, § 1(4.903), 9-16-86; Ord. No. 1987-3, §§ 8, 10, 2-17-87; Ord. No. 1987-24, § 9, 12-21-87; Ord. No. 1987-64, § 1, 11-24-87; Ord. No. 1988-45, § 14, 10-18-88; Ord. No. 1989-30, §§ 5, 6, 7-18-89; Ord. No. 1990-61, § 11, 12-18-90; Ord. No. 1992-25, § 4, 7-7-92; Ord. No. 1997-2, § 1(b), (c), 2-4-97; Ord. No. 1997-25A, § 1, 6-17-97; Ord. No. 1997-30, § 1(e), 7-1-97; Ord. No. 1998-53, § 1, 2-2-99; Ord. No. 2004-0332, § 1, 6-15-04; Ord. No. 2005-287, § 2, 5-3-05; Ord. No. 2010-692, § 1, 12-7-10; Ord. No. 2010-693, § 1, 12-7-10; Ord. No. 2013-481, § 1, 8-20-13; Ord. No. 2013-483, § 1, 8-20-13; Ord. No. 2017-703, § 2, 8-1-17; Ord. No. 2021-365, § 1, 6-1-21; Ord. No. 2022-440, § 2, 7-5-22)
Sec. 28-449. - Lot area.
Except as otherwise provided in section 28-901, every lot in the R-3C district upon which a structure or use is erected, altered or maintained shall have:
(1)
Single-family dwelling. An area of not less than 6,000 square feet per dwelling unit; and a minimum width of 50 feet.
(2)
Single-family attached and detached (zero lot line) dwelling. A lot area of not less than 4,000 square feet per dwelling unit; and a minimum width of 40 feet.
(3)
Two-family dwelling. An area of not less than 3,000 square feet per dwelling unit; and a minimum width of 60 feet.
(4)
Townhouse dwelling. An area of not less than 3,000 square feet for each dwelling unit; and a minimum width of 20 feet for each dwelling unit.
(5)
Multiple-family dwelling. An area of 1,740 square feet for each dwelling unit (25 units per acre); and a minimum width of 50 feet.
(6)
All other permitted uses. An area of not less than one acre; and a minimum width of 100 feet.
(7)
Uses allowed by special permits. An area of not less than 6,000 square feet and a minimum width of 60 feet; subject to the provisions of section 28-130.
(Ord. No. 1986-49, § 1(4.904), 9-16-86; Ord. No. 2007-291, § 2, 5-1-07; Ord. No. 2007-356, § 2, 6-5-07)
Sec. 28-450. - Height restrictions.
Except as provided in section 28-903, no structure or use in the R-3C district shall be erected, altered or maintained which exceeds 2½ stories or 35 feet in height.
(Ord. No. 1986-49, § 1(4.905), 9-16-86)
Sec. 28-451. - Yard requirements.
Except as provided in section 28-904, no structure or use in the R-3C district shall be erected, altered or maintained unless the following yards are provided:
(1)
All dwellings except single-family attached (zero lot line) dwellings. A front yard of not less than 25 feet; a rear yard of not less than 25 feet; and two side yards of not less than five feet each, except that:
a.
A side yard shall not be required where a side lot line is coterminous with a party wall of a townhouse dwelling.
b.
The required side or rear yard adjacent to a lot in an R-1A, R-1B or R-1C district shall be increased by one foot for each two feet, or fraction thereof, by which the principal structure exceeds 25 feet in height.
c.
A side yard of not less than 15 feet shall be provided where a side yard is adjacent to a side street, except as provided in section 28-904(f).
(2)
Single-family attached (zero lot line) dwelling. A front yard of not less than 25 feet; a rear yard of not less than 25 feet abutting an R-1 or R-2 district; a rear yard of not less than 25 feet abutting an R-3, O, C or M district; and a side yard or yards with a combined width of not less than ten feet; provided, that the distance between principal structures on adjacent lots shall not be less than ten feet.
(3)
Uses allowed by special permit. Same as for permitted uses in subsection (1) of this section, subject to the provisions of section 28-130(b).
(4)
Other permitted uses. A front yard of not less than 50 feet; two side yards of not less than 25 feet; and a rear yard of not less than 50 feet.
(5)
Single-family detached (zero lot line) dwelling. A front yard of not less than 25 feet; a rear yard of not less than less than 25 feet; and a side yard not less than ten feet opposite the zero lot line side yard; provided, that the distance between principal detached structures on adjacent lots shall not be less than ten feet.
(Ord. No. 1986-49, § 1(4.906), 9-16-86; Ord. No. 1987-3, § 11, 2-17-87; Ord. No. 2007-291, § 2, 5-1-07)
Sec. 28-452. - Additional regulations.
Uses in the R-3C district shall also comply with the following regulations:
(1)
Section 28-171 requiring review of development plans for all uses except single-family dwellings.
(2)
Chapter 9 regulating development in the escarpment zone.
(3)
Chapter 11 regulating development in floodplains.
(4)
A permit is required for all site work of property and for the construction or substantial alteration of a parking lot. "Substantial alteration" includes the adding of spaces or reconstruction of the parking lot area. Single-family residential uses shall be exempt from this requirement.
(Ord. No. 1986-49, § 1(4.907), 9-16-86; Ord. No. 1998-82, § 1, 5-4-99)
Sec. 28-453. - Distance requirement.
(a)
A community home I located in the R-3C district shall be located at least ½-mile from another community home I.
(b)
A community home II located in the R-3C district shall be located at least 500 feet from any lot used for a school, day care center, or another community home II, transitional shelter, shelter, or halfway house.
(Ord. No. 2004-0332, § 1, 6-15-04)
Sec. 28-471.- Purpose.
The R-3D multiple-family residence district is intended to provide for development of high-density multiple-family dwellings in close proximity to regional business and employment centers, with a high degree of accessibility to transportation corridors, community facilities and public services. The district provides for control of building height and bulk to maintain compatibility with nearby areas of lower density.
(Ord. No. 1986-49, § 1(4.1001), 9-16-86)
Sec. 28-472. - Permitted uses.
Permitted uses in the R-3D district are:
(1)
Single-family dwellings.
(2)
Single-family (zero lot line) dwellings.
(3)
Two-family dwellings, duplexes.
(4)
Townhouse dwellings.
(5)
Multiple-family dwellings.
(6)
Public uses, such as parks, libraries, buildings and municipal zoos.
(7)
Schools including public and private schools, elementary and secondary schools, preschools, kindergartens, nursery schools and special schools, provided the use meets all setback, lot size and other development requirements applicable.
(8)
Houses of worship, convents, rectories, parsonages and parish houses.
(9)
Golf courses, but not miniature courses or driving ranges.
(10)
Fire stations, police stations, artesian wells, pumping stations, lakes, boat docks, boathouses, water supply reservoirs, filter beds, water tanks, towers or standpipes and marinas.
(11)
Railroad rights-of-way, railroad tracks, bridges and signals.
(12)
Public utilities; poles, wires and transmission and/or distribution lines and other transmission and distributing appurtenances, but not including office buildings or storage facilities, electrical energy production facilities, transformers or relay substations.
(13)
Accessory off-street parking and loading facilities subject to the provisions of article VII of this chapter.
(14)
Accessory signs subject to the provisions of article VIII of this chapter.
(15)
Other accessory uses subject to the provisions of section 28-926.
(16)
Home occupations subject to the provisions of section 28-928 and all other applicable provisions of this chapter.
(17)
Licensed group homes.
(18)
Sale of beer for on-premise consumption, provided that such use is located on a public golf course.
(19)
Wireless communication system antennas on alternate independent support structures.
(20)
Community home I.
(21)
Single-family detached (zero lot line) dwellings.
(22)
Excavation, mining and/or removal of material limited to sand, soil or gravel, as an accessory use for the purpose of construction on the property or development of the property for a permitted use by right or by special permit; provided the excavation, mining and/or removal of material meet the following:
a.
The amount of material being removed from the site is not more than 125,000 cubic yards;
b.
A site grading permit is issued meeting all requirements of article III, division 3 of this chapter for a period of time that is specified in the site grading permit which period of time shall be reasonable for the amount of work that is being done as part of the construction on the property or development of the property for a permitted use, as determined by the building official; and
c.
If excavation, mining and/or removal of material is intended to create a water body or lake as an accessory use, the area of the water body or lake cannot exceed ten percent of the total area of the tract or lot where it is being constructed. This applies to the parent tract or lot and further division of the parent tract or lot will not permit additional water bodies or lake to exceed ten percent of the total area of the parent tract or lot.
(23)
Farmers' markets (except on lots containing only single-family uses) provided that a farmers' market permit has been issued in accordance with chapter 13 of this Code.
(24)
Sale of alcohol for off-premise consumption provided that such use occurs at a permitted farmers' market.
(25)
Community gardens provided that a community garden permit has been issued in accordance with chapter 13 of this Code (unless such permit is not required under chapter 13 of this Code).
(26)
Boarding house provided that:
a.
The boarding house is located within Zone 1 of the college and university neighborhoods district; and
b.
The boarding house shall contain a maximum of eight bedrooms.
(27)
Bed and breakfast homestay establishment provided that a bed and breakfast facility license has been issued in accordance with chapter 13 of this Code.
(28)
Short-term rental type I provided that a short-term rental facility license has been issued in accordance with chapter 13 of this Code.
(29)
Short-term rental type II provided that a short-term rental facility license has been issued in accordance with chapter 13 of this Code.
(30)
Agricultural operations.
(31)
Accessory dwelling units.
(Ord. No. 1986-49, § 1(4.1002), 9-16-86; Ord. No. 1987-24, § 12, 12-21-87; Ord. No. 1988-45, § 10, 10-18-88; Ord. No. 1990-61, §§ 6, 8, 15, 12-18-90; Ord. No. 1996-3, § 4, 2-20-96; Ord. No. 1997-30, § 1(d), 7-1-97; Ord. No. 2004-0332, § 1, 6-15-04; Ord. No. 2007-291, § 2, 5-1-07; Ord. No. 2010-692, § 1, 12-7-10; Ord. No. 2011-116, § 1, 3-1-11; Ord. No. 2013-483, § 1, 8-20-13; Ord. No. 2016-493, § 1, 8-2-16; Ord. No. 2017-703, § 2, 8-1-17; Ord. No. 2023-794, § 2, 9-19-23; Ord. No. 2023-969, § 1, 11-7-23)
Sec. 28-473. - Special uses.
Uses which may be allowed in the R-3D district by special permit in accordance with the provisions of section 28-121 et seq. are:
(1)
Sale of beer and wine for consumption off premises; provided that such use is located in a nonconforming retail grocery store.
(2)
Clubs, lodges, fraternities and sororities where the chief activity is not a business.
(3)
Convalescent or rest homes.
(4)
Public utilities; electrical energy production facilities, transformers or relay substations and storage facilities.
(5)
Reserved.
(6)
Hospitals.
(7)
HUD-Code manufactured home parks or recreational vehicle parks or HUD-Code manufactured home subdivisions.
(8)
Excavation, mining and/or removal of any material, including, but not limited to, sand, soil and gravel, as an accessory use for the purpose of construction on the property or development of the property for a permitted use by right or by special permit, if (1) the amount of material being removed from the site is more than 125,000 cubic yards, or (2) the excavation and/or mining involving the removal of material is intended to construct a water body or lake as an accessory use and the area of the water body or lake exceeds ten percent of the total area of the lot or tract where it is being constructed; provided the excavation, mining and/or removal is conducted in accordance with all terms and conditions of the special use permit, the surface mining and excavation guidelines and all other applicable ordinances and codes of the city and meets the following conditions:
a.
The property on which the excavation, mining and/or removal operation is conducted is not located within 1,000 feet of 26 or more dwelling units, and
b.
Trucks used to transport excavated material from an excavation or mining operation site shall not be driven on a local or collector street that provides vehicular access to a residential subdivision containing 26 or more dwelling units.
(9)
Reserved.
(10)
Vocational rehabilitation enterprises, with a letter of support from the appropriate state or federal agency.
(11)
Community home II.
(12)
Bed and breakfast inn provided that a bed and breakfast facility license has been issued in accordance with chapter 13 of this Code.
(13)
Schools; colleges and universities.
(14)
Child care facilities provided that: a. the lot sides or fronts onto an O, C, or M district, or fronts in a collector or arterial street; b. the driveway will be no closer than 100 feet from a signalized intersection; and c. the lot is not in the same block face (including both sides of the street) where any other child care facility or licensed group home already exists.
(15)
Outdoor recreational and amusement facility.
(16)
Reserved.
(17)
Reserved.
(18)
Adult day care facilities.
(19)
Reserved.
(20)
Transitional shelter I.
(21)
Reserved.
(22)
House Museum.
(Ord. No. 1986-49, § 1(4.1003), 9-16-86; Ord. No. 1987-3, §§ 8, 10, 2-17-87; Ord. No. 1987-24, § 9, 12-21-87; Ord. No. 1987-64, § 1, 11-24-87; Ord. No. 1988-45, § 14, 10-18-88; Ord. No. 1989-30, §§ 5, 6, 7-18-89; Ord. No. 1990-61, § 11, 12-18-90; Ord. No. 1992-25, § 4, 7-7-92; Ord. No. 1997-2, § 1(b), (c), 2-4-97; Ord. No. 1997-25A, § 1, 6-17-97; Ord. No. 1997-30, § 1(e), 7-1-97; Ord. No. 1998-53, § 1, 2-2-99; Ord. No. 2004-0332, § 1, 6-15-04; Ord. No. 2005-287, § 2, 5-3-05; Ord. No. 2010-692, § 1, 12-7-10; Ord. No. 2010-693, § 1, 12-7-10; Ord. No. 2013-481, § 1, 8-20-13; Ord. No. 2013-483, § 1, 8-20-13; Ord. No. 2017-703, § 2, 8-1-17; Ord. No. 2021-365, § 1, 6-1-21; Ord. No. 2022-440, § 2, 7-5-22)
Sec. 28-474. - Lot area.
Except as otherwise provided in section 28-901, every lot in the R-3D district upon which a structure or use is erected, altered or maintained shall have:
(1)
Single-family dwelling. An area of not less than 6,000 square feet per dwelling unit; and a minimum width of 50 feet.
(2)
Single-family attached and detached (zero lot line) dwelling. A lot area of not less than 4,000 square feet per dwelling unit; and a minimum width of 40 feet.
(3)
Two-family dwelling. An area of not less than 3,000 square feet per dwelling unit; and a minimum width of 60 feet.
(4)
Townhouse dwelling. An area of not less than 2,000 square feet for each dwelling unit; and a minimum width of 20 feet for each dwelling unit.
(5)
Multiple-family dwelling. An area of 1,360 square feet for each dwelling unit (32 units per acre); and a minimum width of 50 feet.
(6)
All other permitted uses. An area of not less than one acre; and a minimum width of 100 feet.
(7)
Uses allowed by special permits. An area of not less than 6,000 square feet and a minimum width of 60 feet; subject to the provisions of section 28-130.
(Ord. No. 1986-49, § 1(4.1004), 9-16-86; Ord. No. 2007-291, § 2, 5-1-07; Ord. No. 2007-356, § 2, 6-5-07)
Sec. 28-475. - Height restrictions.
Except as provided in section 28-903, no structure or use in the R-3D district shall be erected, altered or maintained which exceeds 3½ stories or 45 feet in height.
(Ord. No. 1986-49, § 1(4.1005), 9-16-86)
Sec. 28-476. - Yard requirements.
Except as provided in section 28-904, no structure or use in the R-3D district shall be erected, altered or maintained unless the following yards are provided:
(1)
All dwellings except single-family attached (zero lot line) dwellings. A front yard of not less than 25 feet; a rear yard of not less than 25 feet; and two side yards of not less than five feet each, except that:
a.
A side yard shall not be required where a side lot line is coterminous with a party wall of a townhouse dwelling.
b.
The required side or rear yard adjacent to a lot in an R-1A, R-1B or R-1C district shall be increased by one foot for each two feet, or fraction thereof, by which the principal structure exceeds 25 feet in height.
c.
A side yard of not less than 15 feet shall be provided where a side yard is adjacent to a side street, except as provided in section 28-904(f).
(2)
For a single-family attached (zero lot line) dwelling. A front yard of not less than 25 feet; a rear yard of not less than 25 feet; and a side yard or yards with a combined width of not less than ten feet; provided that the distance between principal structures on adjacent lots shall not be less than ten feet.
(3)
For uses allowed by special permit. Same as for permitted uses in subsection (1) of this section, subject to the provisions of section 28-130(b).
(4)
For other permitted uses. A front yard of not less than 50 feet; two side yards of not less than 25 feet; and a rear yard of not less than 50 feet.
(5)
Single-family detached (zero lot line) dwelling. A front yard of not less than 25 feet; a rear yard of not less than less than 25 feet; and a side yard not less than ten feet opposite the zero lot line side yard; provided, that the distance between principal detached structures on adjacent lots shall not be less than ten feet.
(Ord. No. 1986-49, § 1(4.1006), 9-16-86; Ord. No. 1987-3, § 12, 2-17-87; Ord. No. 2007-291, § 2, 5-1-07)
Sec. 28-477. - Additional regulations.
Uses in the R-3D district shall also comply with the following regulations:
(1)
Section 28-171 requiring review of development plans for all uses except single-family dwellings.
(2)
Chapter 9 regulating development in the escarpment zone.
(3)
Chapter 11 regulating development in floodplains.
(4)
A permit is required for all site work of property and for the construction or substantial alteration of a parking lot. "Substantial alteration" includes the adding of spaces or reconstruction of the parking lot area. Single-family residential uses shall be exempt from this requirement.
(Ord. No. 1986-49, § 1(4.1007), 9-16-86; Ord. No. 1998-82, § 1, 5-4-99)
Sec. 28-478. - Distance requirement.
(a)
A community home I located in the R-3D district shall be located at least ½-mile from another community home I.
(b)
A community home II located in the R-3D district shall be located at least 500 feet from any lot used for a school, day care center, or another community home II, transitional shelter, shelter, or halfway house.
(Ord. No. 2004-0332, § 1, 6-15-04)
Sec. 28-496.- Purpose.
The R-3E multiple-family residence district is intended to provide for high-density, multiple-family development in locations adjacent to regional employment and business centers and which have the highest degree of accessibility to major transportation corridors, community facilities and public services.
(Ord. No. 1986-49, § 1(4.1101), 9-16-86)
Sec. 28-497. - Permitted uses.
Permitted uses in the R-3E district are:
(1)
Single-family dwellings.
(2)
Single-family (zero lot line) dwellings.
(3)
Two-family dwellings, duplexes.
(4)
Townhouse dwellings.
(5)
Multiple-family dwellings.
(6)
Public uses, such as parks, libraries, buildings and municipal zoos.
(7)
Schools including public and private schools, elementary and secondary schools, preschools, kindergartens, nursery schools and special schools, provided the use meets all setback, lot size and other development requirements applicable.
(8)
Houses of worship, convents, rectories, parsonages and parish houses.
(9)
Golf courses, but not miniature courses or driving ranges.
(10)
Fire stations, police stations, artesian wells, pumping stations, lakes, boat docks, boathouses, water supply reservoirs, filter beds, water tanks, towers or standpipes and marinas.
(11)
Railroad rights-of-way, railroad tracks, bridges and signals.
(12)
Public utilities; poles, wires and transmission and/or distribution lines and other transmission and distributing appurtenances, but not including office buildings or storage facilities, electrical energy production facilities, transformers or relay substations.
(13)
Accessory off-street parking and loading facilities subject to the provision of article VII of this chapter.
(14)
Accessory signs subject to the provisions of article VIII of this chapter.
(15)
Other accessory uses subject to the provisions of section 28-926.
(16)
Home occupations subject to the provisions of section 28-928 and all other applicable provisions of this chapter.
(17)
Licensed group homes.
(18)
Sale of beer for on-premise consumption, provided that such use is located on a public golf course.
(19)
Wireless communication system antennas on alternate independent support structures.
(20)
Community home I.
(21)
Single-family detached (zero lot line) dwellings.
(22)
Excavation, mining and/or removal of material limited to sand, soil or gravel, as an accessory use for the purpose of construction on the property or development of the property for a permitted use by right or by special permit; provided the excavation, mining and/or removal of material meet the following:
a.
The amount of material being removed from the site is not more than 125,000 cubic yards;
b.
A site grading permit is issued meeting all requirements of article III, division 3 of this chapter for a period of time that is specified in the site grading permit which period of time shall be reasonable for the amount of work that is being done as part of the construction on the property or development of the property for a permitted use, as determined by the building official; and
c.
If excavation, mining and/or removal of material is intended to create a water body or lake as an accessory use, the area of the water body or lake cannot exceed ten percent of the total area of the tract or lot where it is being constructed. This applies to the parent tract or lot and further division of the parent tract or lot will not permit additional water bodies or lake to exceed ten percent of the total area of the parent tract or lot.
(23)
Farmers' markets (except on lots containing only single-family uses) provided that a farmers' market permit has been issued in accordance with chapter 13 of this Code.
(24)
Sale of alcohol for off-premise consumption provided that such use occurs at a permitted farmers' market.
(25)
Community gardens provided that a community garden permit has been issued in accordance with chapter 13 of this Code (unless such permit is not required under chapter 13 of this Code).
(26)
Boarding house provided that:
a.
The boarding house is located within Zone 1 of the college and university neighborhoods district; and
b.
The boarding house shall contain a maximum of eight bedrooms.
(27)
Bed and breakfast homestay establishment provided that a bed and breakfast facility license has been issued in accordance with chapter 13 of this Code.
(28)
Short-term rental type I provided that a short-term rental facility license has been issued in accordance with chapter 13 of this Code.
(29)
Short-term rental type II provided that a short-term rental facility license has been issued in accordance with chapter 13 of this Code.
(30)
Agricultural operations.
(31)
Accessory dwelling units.
(Ord. No. 1986-49, § 1(4.1102), 9-16-86; Ord. No. 1987-24, § 12, 12-21-87; Ord. No. 1988-45, § 10, 10-18-88; Ord. No. 1990-61, §§ 6, 8, 15, 12-18-90; Ord. No. 1996-3, § 4, 2-20-96; Ord. No. 1997-30, § 1(d), 7-1-97; Ord. No. 2004-0332, § 1, 6-15-04; Ord. No. 2007-291, § 2, 5-1-07; Ord. No. 2010-692, § 1, 12-7-10; Ord. No. 2011-116, § 1, 3-1-11; Ord. No. 2013-483, § 1, 8-20-13; Ord. No. 2016-493, § 1, 8-2-16; Ord. No. 2017-703, § 2, 8-1-17; Ord. No. 2023-794, § 2, 9-19-23; Ord. No. 2023-969, § 1, 11-7-23)
Sec. 28-498. - Special uses.
Uses which may be allowed in the R-3E district by special permit in accordance with the provisions of section 28-121 et seq. are:
(1)
Sale of beer and wine for consumption off premises; provided that such use is located in a nonconforming retail grocery store.
(2)
Clubs, lodges, fraternities and sororities where the chief activity is not a business.
(3)
Convalescent or rest homes.
(4)
Public utilities; electrical energy production facilities, transformers or relay substations and storage facilities.
(5)
Reserved.
(6)
Schools; colleges and universities.
(7)
Hospitals.
(8)
HUD-Code manufactured home parks or recreational vehicle parks or HUD-Code manufactured home subdivisions.
(9)
Excavation, mining and/or removal of any material, including, but not limited to, sand, soil and gravel, as an accessory use for the purpose of construction on the property or development of the property for a permitted use by right or by special permit, if (1) the amount of material being removed from the site is more than 125,000 cubic yards, or (2) the excavation and/or mining involving the removal of material is intended to construct a water body or lake as an accessory use and the area of the water body or lake exceeds ten percent of the total area of the lot or tract where it is being constructed; provided the excavation, mining and/or removal is conducted in accordance with all terms and conditions of the special use permit, the surface mining and excavation guidelines and all other applicable ordinances and codes of the city and meets the following conditions:
a.
The property on which the excavation, mining and/or removal operation is conducted is not located within 1,000 feet of 26 or more dwelling units, and
b.
Trucks used to transport excavated material from an excavation or mining operation site shall not be driven on a local or collector street that provides vehicular access to a residential subdivision containing 26 or more dwelling units.
(10)
Reserved.
(11)
Vocational rehabilitation enterprises, with a letter of support from the appropriate state or federal agency.
(12)
Community home II.
(13)
Bed and breakfast inn provided that a bed and breakfast facility license has been issued in accordance with chapter 13 of this Code.
(14)
Child care facilities provided that: a. the lot sides or fronts onto an O, C, or M district, or fronts in a collector or arterial street; b. the driveway will be no closer than 100 feet from a signalized intersection; and c. the lot is not in the same block face (including both sides of the street) where any other child care facility or licensed group home already exists.
(15)
Outdoor recreational and amusement facility.
(16)
Reserved.
(17)
Reserved.
(18)
Adult day care facilities.
(19)
Reserved.
(20)
Transitional shelter I.
(21)
Reserved.
(22)
House Museum.
(Ord. No. 1986-49, § 1(4.1103), 9-16-86; Ord. No. 1987-3, § 8, 2-17-87; Ord. No. 1987-24, § 9, 12-21-87; Ord. No. 1987-64, § 1, 11-24-87; Ord. No. 1988-45, § 14, 10-18-88; Ord. No. 1989-30, §§ 5, 6, 7-18-89; Ord. No. 1990-61, § 11, 12-18-90; Ord. No. 1992-25, § 4, 7-7-92; Ord. No. 1997-2, § 1(b), (c), 2-4-97; Ord. No. 1997-25A, § 1, 6-17-97; Ord. No. 1997-30, § 1(e), 7-1-97; Ord. No. 1998-53, § 1, 2-2-99; Ord. No. 2004-0332, § 1, 6-15-04; Ord. No. 2005-287, § 2, 5-3-05; Ord. No. 2010-692, § 1, 12-7-10; Ord. No. 2010-693, § 1, 12-7-10; Ord. No. 2013-481, § 1, 8-20-13; Ord. No. 2013-483, § 1, 8-20-13; Ord. No. 2017-703, § 2, 8-1-17; Ord. No. 2021-365, § 1, 6-1-21; Ord. No. 2022-440, § 2, 7-5-22)
Sec. 28-499. - Lot area.
Except as otherwise provided in section 28-901, every lot in the R-3E district upon which a structure or use is erected, altered or maintained shall have:
(1)
Single-family dwelling. An area of not less than 6,000 square feet per dwelling unit; and a minimum width of 50 feet.
(2)
Single-family attached and detached (zero lot line) dwelling. A lot area of not less than 4,000 square feet per dwelling unit; and a minimum width of 40 feet.
(3)
Two-family dwelling. An area of not less than 3,000 square feet per dwelling unit; and a minimum width of 60 feet.
(4)
Townhouse dwelling. An area of not less than 3,000 square feet for each dwelling unit; and a minimum width of 20 feet for each dwelling unit.
(5)
Multiple-family dwelling. An area of 1,089 square feet for each dwelling unit (40 units per acre); and a minimum width of 50 feet.
(6)
All other permitted uses. An area of not less than one acre; and a minimum width of 100 feet.
(7)
Uses allowed by special permits. An area of not less than 6,000 square feet and a minimum width of 60 feet; subject to the provisions of section 28-130(b).
(Ord. No. 1986-49, § 1(4.1104), 9-16-86; Ord. No. 2007-291, § 2, 5-1-07; Ord. No. 2007-356, § 2, 6-5-07)
Sec. 28-500. - Height restriction.
Except as provided in section 28-903, there shall be no height limit in the R-3E district.
(Ord. No. 1986-49, § 1(4.1105), 9-16-86)
Sec. 28-501. - Yard requirements.
Except as provided in sections 28-904 through 28-907, no structure or use in the R-3E district shall be erected, altered or maintained unless the following yards are provided:
(1)
All dwellings except single-family attached (zero lot line) dwellings. A front yard of not less than 25 feet; a rear yard of not less than 25 feet; and two side yards of not less than five feet each, except that:
a.
A side yard shall not be required where a side lot line is coterminous with a party wall of a townhouse dwelling.
b.
The required side or rear yard adjacent to a lot in an R-1A, R-1B or R-1C district shall be increased by one foot for each two feet, or fraction thereof, by which the principal structure exceeds 25 feet in height.
c.
A side yard of not less than 15 feet shall be provided where a side yard is adjacent to a side street, except as provided in section 28-904(f).
(2)
Single-family attached (zero lot line) dwelling. A front yard of not less than 25 feet; a rear yard of not less than 25 feet; and a side yard or yards with a combined width of not less than ten feet; provided, that the distance between principal structures on adjacent lots shall be not less than ten feet.
(3)
Uses allowed by special permit. Same as for permitted uses in subsection (1) of this section, subject to the provisions of section 28-130(b).
(4)
For other permitted uses. A front yard of not less than 50 feet; two side yards of not less than 25 feet; and a rear yard of not less than 50 feet.
(5)
Single-family detached (zero lot line) dwelling. A front yard of not less than 25 feet; a rear yard of not less than less than 25 feet; and a side yard not less than ten feet opposite the zero lot line side yard; provided, that the distance between principal detached structures on adjacent lots shall not be less than ten feet.
(Ord. No. 1986-49, § 1(4.1106), 9-16-86; Ord. No. 1987-3, § 12, 2-17-87; Ord. No. 2007-291, § 2, 5-1-07)
Sec. 28-502. - Additional regulations.
Uses in the R-3E district shall also comply with the following regulations:
(1)
Article II of this chapter requiring review of development plans for all uses except single-family dwellings.
(2)
Chapter 9 regulating development in the escarpment zone.
(3)
Chapter 11 regulating development in floodplains.
(4)
A permit is required for all site work of property and for the construction or substantial alteration of a parking lot. "Substantial alteration" includes the adding of spaces or reconstruction of the parking lot area. Single-family residential uses shall be exempt from this requirement.
(Ord. No. 1986-49, § 1(4.1107), 9-16-86; Ord. No. 1998-82, § 1, 5-4-99)
Sec. 28-503. - Distance requirement.
(a)
A community home I located in the R-3E district shall be located at least ½-mile from another community home I.
(b)
A community home II located in the R-3E district shall be located at least 500 feet from any lot used for a school, day care center, or another community home II, transitional shelter, shelter, or halfway house.
(Ord. No. 2004-0332, § 1, 6-15-04)
Sec. 28-521.- Purpose.
The O-1 office district is intended to provide for development of offices serving primarily local and community needs in locations which have convenient access to the major street system. Such locations may be adjacent to residential areas and, therefore, height, yard and other requirements are designed to maintain compatibility of scale with a residential environment.
Sec. 28-522. - Permitted uses.
Permitted uses in the O-1 district are:
(1)
Single-family dwellings, detached.
(2)
Single-family (zero lot line) dwellings.
(3)
Two-family dwellings, duplexes. (Only one two-family dwelling is permitted per lot.)
(4)
Public uses, such as parks, libraries, buildings and municipal zoos.
(5)
Schools including public and private schools, elementary and secondary schools, preschools, kindergartens, nursery schools and special schools, provided the use meets all setback, lot size and other development requirements applicable.
(6)
Houses of worship, convents, rectories, parsonages and parish houses.
(7)
Fire stations, police stations, artesian wells, pumping stations, lakes, boat docks, boathouses, water supply reservoirs, filter beds, water tanks, towers or standpipes and marinas.
(8)
Railroad rights-of-way, railroad tracks, bridges and signals.
(9)
Public utilities; poles, wires and transmission and/or distribution lines and other transmission and distributing appurtenances, but not including storage facilities, electrical energy production facilities, transformers or relay substations.
(10)
Clinics and lab services, but not including veterinary clinics.
(11)
Office buildings.
(12)
Studios of artists, photographers, crafts and custom trades.
(13)
Accessory off-street parking and loading facilities subject to the provisions of article VII of this chapter.
(14)
Accessory signs subject to the provisions of article VIII of this chapter.
(15)
Other accessory uses subject to the provisions of section 28-926.
(16)
Financial institutions.
(17)
Home occupation subject to the provisions of section 28-928 and all other applicable provisions of this chapter.
(18)
Travel bureaus.
(19)
Licensed group home.
(20)
Commercial and vocational schools.
(21)
Child care facilities.
(22)
Golf courses, but not miniature courses or driving ranges.
(23)
Sale of beer for on-premise consumption, provided that such use is located on a public golf course.
(24)
Wireless communication system antennas on alternate independent support structures.
(25)
Adult day care facilities.
(26)
Photostating and copy services.
(27)
Small packaging and shipping services.
(28)
Community home I.
(29)
Single-family detached (zero lot line) dwellings.
(30)
Personal service shops.
(31)
Excavation, mining and/or removal of material limited to sand, soil or gravel, as an accessory use for the purpose of construction on the property or development of the property for a permitted use by right or by special permit; provided the excavation, mining and/or removal of material meet the following:
a.
The amount of material being removed from the site is not more than 125,000 cubic yards;
b.
A site grading permit is issued meeting all requirements of article III, division 3 of this chapter for a period of time that is specified in the site grading permit which period of time shall be reasonable for the amount of work that is being done as part of the construction on the property or development of the property for a permitted use, as determined by the building official; and
c.
If excavation, mining and/or removal of material is intended to create a water body or lake as an accessory use, the area of the water body or lake cannot exceed ten percent of the total area of the tract or lot where it is being constructed. This applies to the parent tract or lot and further division of the parent tract or lot will not permit additional water bodies or lake to exceed ten percent of the total area of the parent tract or lot.
(32)
Farmers' markets (except on lots containing only single-family uses) provided that a farmers' market permit has been issued in accordance with chapter 13 of this Code.
(33)
Sale of alcohol for off-premise consumption provided that such use occurs at a permitted farmers' market.
(34)
Community gardens provided that a community garden permit has been issued in accordance with chapter 13 of this Code (unless such permit is not required under chapter 13 of this Code).
(35)
Temporary commercial parking facility.
(36)
Bed and breakfast homestay establishment provided that a bed and breakfast facility license has been issued in accordance with chapter 13 of this Code.
(37)
Short-term rental type I provided that a short-term rental facility license has been issued in accordance with chapter 13 of this Code.
(38)
Short-term rental type II provided that a short-term rental facility license has been issued in accordance with chapter 13 of this Code.
(39)
House Museum.
(40)
Agricultural operations.
(41)
Accessory dwelling units.
(Ord. No. 1986-49, § 1(4.1202), 9-16-86; Ord. No. 1987-3, § 13, 2-17-87; Ord. No. 1987-24, § 12, 12-21-87; Ord. No. 1988-45, § 10, 10-18-88; Ord. No. 1990-61, §§ 6, 8, 14, 15, 17, 12-18-90; Ord. No. 1996-3, §§ 3, 4, 2-20-96; Ord. No. 1997-25A, § 1, 6-17-97; Ord. No. 1997-30, § 1(f), 7-1-97; Ord. No. 2004-0122, § 1, 4-6-04; Ord. No. 2004-0332, § 1, 6-15-04; Ord. No. 2007-291, § 2, 5-1-07; Ord. No. 2010-131, § 1, 3-2-10; Ord. No. 2010-692, § 1, 12-7-10; Ord. No. 2011-116, § 1, 3-1-11; Ord. No. 2013-483, § 1, 8-20-13; Ord. No. 2014-432, § 1, 8-5-14; Ord. No. 2017-703, § 2, 8-1-17; Ord. No. 2022-440, § 2, 7-5-22; Ord. No. 2023-794, § 2, 9-19-23; Ord. No. 2023-969, § 1, 11-7-23)
Sec. 28-523. - Special uses.
Uses which may be allowed in the O-1 district by special permit in accordance with the provisions of section 28-121 et seq. are:
(1)
Sale of beer and wine for consumption off premises; provided that such use is located in a nonconforming retail grocery store.
(2)
Public utilities; electrical energy production facilities, transformers or relay substations and storage facilities.
(3)
Reserved.
(4)
Airport or heliport, subject to approval of the Federal Aviation Administration.
(5)
Hospitals.
(6)
Schools; colleges or universities.
(7)
Excavation, mining and/or removal of any material, including, but not limited to, sand, soil and gravel, as an accessory use for the purpose of construction on the property or development of the property for a permitted use by right or by special permit, if (1) the amount of material being removed from the site is more than 125,000 cubic yards, or (2) the excavation and/or mining involving the removal of material is intended to construct a water body or lake as an accessory use and the area of the water body or lake exceeds ten percent of the total area of the lot or tract where it is being constructed; provided the excavation, mining and/or removal is conducted in accordance with all terms and conditions of the special use permit, the surface mining and excavation guidelines and all other applicable ordinances and codes of the city and meets the following conditions:
a.
The property on which the excavation, mining and/or removal operation is conducted is not located within 1,000 feet of 26 or more dwelling units, and
b.
Trucks used to transport excavated material from an excavation or mining operation site shall not be driven on a local or collector street that provides vehicular access to a residential subdivision containing 26 or more dwelling units.
(8)
Monopole and stealth antenna structures at any height for wireless communication system.
(9)
Vocational rehabilitation enterprises, with a letter of support from the appropriate state or federal agency.
(10)
Clubs or lodges.
(11)
Convalescent or rest homes.
(12)
Outdoor recreational and amusement facility.
(13)
Community home II.
(14)
Bed and breakfast inn provided that a bed and breakfast facility license has been issued in accordance with chapter 13 of this Code.
(15)
Reserved.
(16)
Reserved.
(17)
Financial institutions providing goods or services directly to customers in motor vehicles outside of an enclosed structure.
(18)
Transitional shelter I.
(19)
Reserved.
(20)
Transitional shelter II.
(21)
Dwelling, small lot single-family provided that:
a.
The dwelling is located within the limits of the area depicted in the Imagine Waco, A Plan for Greater Downtown.
b.
The dwelling is located on a street that is 26 feet or wider and on-street parking is not restricted.
c.
If the dwelling is located on an arterial or collector street or the lot is less than 40 feet in width, access should be from an alley or an approved shared driveway with adjoining lot(s).
d.
The following architectural requirements will apply in addition to the requirements of section 28-223:
(i)
Front building façades must maintain a minimum of 25 percent openings in the wall which must consist of windows and doors. A side building façade located on a corner lot must maintain a minimum of 15 percent openings in the wall which must consist of windows and doors.
(ii)
Primary and accessory building materials must remain complimentary to each other, and of the surrounding character of similar structures.
(iii)
All structures must have at least one primary entrance. The main entrance of the home shall face the front property line.
(iv)
All structures shall provide an entry-level covered porch with a minimum depth of five feet along at least 50 percent of the front building façade.
(Ord. No. 1986-49, § 1(4.1203), 9-16-86; Ord. No. 1987-3, §§ 8, 10, 2-17-87; Ord. No. 1987-24, §§ 1, 9, 12-21-87; Ord. No. 1987-33, § 1, 6-9-87; Ord. No. 1987-64, § 1, 11-24-87; Ord. No. 1989-30, § 6, 7-18-89; Ord. No. 1990-61, § 13, 12-18-90; Ord. No. 1997-2, § 1(b), (c), 2-4-97; Ord. No. 1997-30, § 1(g), 7-1-97; Ord. No. 1998-53, § 1, 2-2-99; Ord. No. 2003-0405, § 1, 7-15-03; Ord. No. 2004-0122, § 1, 4-6-04; Ord. No. 2004-0332, § 1, 6-15-04; Ord. No. 2005-287, § 2, 5-3-05; Ord. No. 2010-692, § 1, 12-7-10; Ord. No. 2010-693, § 1, 12-7-10; Ord. No. 2013-481, § 1, 8-20-13; Ord. No. 2013-483, § 1, 8-20-13; Ord. No. 2016-174, § 1, 3-1-16; Ord. No. 2017-703, § 2, 8-1-17)
Sec. 28-524. - Lot area.
Except as otherwise provided in section 28-901, every lot on the O-1 district upon which a structure or use is erected, altered or maintained shall have:
(1)
All permitted uses. An area of not less than 6,000 square feet; and a minimum width of 60 feet.
(2)
Two-family dwelling. An area of not less than 3,000 square feet per dwelling unit; and a minimum width of 60 feet.
(3)
Uses allowed by special permit. Same as for permitted uses, subject to the provisions of section 28-130.
(4)
Single-family attached and detached (zero lot line) dwelling. An area of not less than 4,000 square feet per dwelling unit; and a minimum width of 40 feet.
(5)
Single-family dwelling. An area of not less than 6,000 square feet per dwelling unit; and a minimum width of 50 feet.
(6)
Small lot single-family dwelling. An area of not less than 3,000 square feet per dwelling unit: and a minimum width of 30 feet.
(Ord. No. 1986-49, § 1(4.1204), 9-16-86; Ord. No. 2007-291, § 2, 5-1-07; Ord. No. 2007-356, § 2, 6-5-07; Ord. No. 2016-174, § 1, 3-1-16)
Sec. 28-525. - Height restrictions.
Except as provided in section 28-903, no structure or use in the O-1 district shall be erected, altered or maintained which exceeds two stories or 35 feet in height.
(Ord. No. 1986-49, § 1(4.1205), 9-16-86)
Sec. 28-526. - Yard requirements.
Except as provided in section 28-904, no structure or use in the O-1 district shall be erected, altered or maintained unless the following yards are provided:
(1)
All permitted uses. A front yard of not less than 25 feet; a rear yard of not less than 25 feet; and two side yards of not less than five feet each, except that:
a.
Where abutting an R-1 or R-2 district, a side yard of not less than 25 feet shall be provided.
b.
The required side or rear yard adjacent to a lot in an R-1A, R-1B or R-1C district shall be increased by one foot for each two feet, or fraction thereof, by which the principal structure exceeds 25 feet in height.
c.
A side yard of not less than 15 feet shall be provided where a side yard is adjacent to a side street, except as provided in section 28-904(f).
d.
For detached (zero lot line) dwelling; a side yard not less than ten feet opposite the zero lot line side yard; provided, that the distance between principal detached structures on adjacent lots shall not be less than ten feet.
e.
For small lot single-family dwelling; a front yard of not less than 25 feet; a rear yard of not less than 25 feet; and two side yards with a combined width of not less than ten feet; provided, that the distance between principal structures on adjacent lots shall not be less than ten feet.
(2)
Uses allowed by special permit. Same as for permitted uses in subsection (1) of this section, subject to the provisions of section 28-130(b).
(Ord. No. 1986-49, § 1(4.1206), 9-16-86; Ord. No. 2007-291, § 2, 5-1-07; Ord. No. 2016-174, § 1, 3-1-16)
Sec. 28-527. - Additional regulations.
Uses in the O-1 district shall also comply with the following regulations:
(1)
Section 28-171 requiring review of development plans for all uses except single-family dwellings.
(2)
Chapter 9 regulating development in the escarpment zone.
(3)
Chapter 11 regulating development in floodplains.
(4)
A permit is required for all site work of property and for the construction or substantial alteration of a parking lot. "Substantial alteration" includes the adding of spaces or reconstruction of the parking lot area. Single-family residential uses shall be exempt from this requirement.
(Ord. No. 1986-49, § 1(4.1207), 9-16-86; Ord. No. 1998-82, § 1, 5-4-99)
Sec. 28-528. - Distance requirements.
(a)
A community home I located in the O-1 district shall be located at least ½-mile from another community home I.
(b)
A community home II located in the O-1 district shall be located at least 500 feet from any lot used for a school, day care center, or another community home II, transitional shelter, shelter, or halfway house.
(c)
A transitional shelter located in the O-1 district shall be located at least 500 feet from any lot used for a school, day care center, or another transitional shelter, community home II, shelter, or halfway house.
(Ord. No. 2004-0332, § 1, 6-15-04)
Sec. 28-546.- Purpose.
The O-2 office-residence is intended to provide for development of compatible office and high-density residential uses adjacent to major thoroughfares in locations which do not have a predominantly commercial character.
(Ord. No. 1986-49, § 1(4.1301), 9-16-86)
Sec. 28-547. - Permitted uses.
Permitted uses in the O-2 district are:
(1)
Single-family dwellings.
(2)
Single-family attached (zero lot line) dwellings.
(3)
Two-family dwellings, duplexes.
(4)
Townhouse dwellings.
(5)
Multiple-family dwellings.
(6)
Public uses, such as parks, libraries, buildings and municipal zoos.
(7)
Schools including public and private schools, elementary and secondary schools, preschools, kindergartens, nursery schools and special schools, provided the use meets all setback, lot size and other development requirements applicable.
(8)
Colleges and universities.
(9)
Houses of worship, convents, rectories, parsonages and parish houses.
(10)
Golf courses, but not miniature courses or driving ranges.
(11)
Apartment hotels.
(12)
Clinics and lab services, but not including veterinary clinics.
(13)
Clubs, lodges, fraternities and sororities where the chief activity is not a business.
(14)
Convalescent or rest homes.
(15)
Boarding house provided that:
a.
The boarding house shall contain a maximum of eight bedrooms.
(16)
Child care facilities.
(17)
Office buildings.
(18)
Personal service shops.
(19)
Studios of artists, photographers, crafts and custom trades.
(20)
Fire stations, police stations, artesian wells, pumping stations, lakes, boat docks, boathouses, water supply reservoirs, filter beds, water tanks, towers or standpipes and marinas.
(21)
Railroad rights-of-way, railroad tracks, bridges and signals.
(22)
Public utilities; poles, wires and transmission and/or distribution lines and other transmission and distributing appurtenances, but not including storage facilities, electrical energy production, facilities, transformers or relay substations.
(23)
Accessory off-street parking and loading facilities subject to the provisions of article VII of this chapter.
(24)
Accessory signs subject to the provisions of article VIII of this chapter.
(25)
Other accessory uses subject to the provisions of section 28-926.
(26)
Financial institutions.
(27)
Home occupations subject to the provisions of section 28-928 and all other applicable provisions of this chapter.
(28)
Travel bureaus.
(29)
Religious, philanthropic and educational institutions, museums.
(30)
Hospitals.
(31)
Licensed group homes.
(32)
Commercial and vocational schools.
(33)
Sale of beer for on-premise consumption, provided that such use is located on a public golf course.
(34)
Wireless communication system antennas on alternate independent support structures.
(35)
Adult day care facilities.
(36)
Photostating and copy services.
(37)
Small packaging and shipping services.
(38)
Community home I.
(39)
Community home II.
(40)
Sale of alcoholic beverages for on-premise consumption, provided that such use occurs on not more than four occasions in a calendar year for a total of not more than eight days.
(41)
Single-family detached (zero lot line) dwellings.
(42)
Excavation, mining and/or removal of material limited to sand, soil or gravel, as an accessory use for the purpose of construction on the property or development of the property for a permitted use by right or by special permit; provided the excavation, mining and/or removal of material meet the following:
a.
The amount of material being removed from the site is not more than 125,000 cubic yards;
b.
A site grading permit is issued meeting all requirements of article III, division 3 of this chapter for a period of time that is specified in the site grading permit which period of time shall be reasonable for the amount of work that is being done as part of the construction on the property or development of the property for a permitted use, as determined by the building official; and
c.
If excavation, mining and/or removal of material is intended to create a water body or lake as an accessory use, the area of the water body or lake cannot exceed ten percent of the total area of the tract or lot where it is being constructed. This applies to the parent tract or lot and further division of the parent tract or lot will not permit additional water bodies or lake to exceed ten percent of the total area of the parent tract or lot.
(43)
Farmers' markets (except on lots containing only single-family uses) provided that a farmers' market permit has been issued in accordance with chapter 13 of this Code.
(44)
Sale of alcohol for off-premise consumption provided that such use occurs at a permitted farmers' market.
(45)
Community gardens provided that a community garden permit has been issued in accordance with chapter 13 of this Code (unless such permit is not required under chapter 13 of this Code).
(46)
Temporary commercial parking facility.
(47)
Neighborhood grocery stores (provided that such use is located within the boundaries of the Imagine Waco: A Plan for Greater Downtown) or within the College and University Neighborhoods Special District).
(48)
Bed and breakfast homestay establishment provided that a bed and breakfast facility license has been issued in accordance with chapter 13 of this Code.
(49)
Short-term rental type I provided that a short-term rental facility license has been issued in accordance with chapter 13 of this Code.
(50)
Short-term rental type II provided that a short-term rental facility license has been issued in accordance with chapter 13 of this Code.
(51)
Live/work unit.
(52)
House Museum.
(53)
Agricultural operations.
(54)
Accessory dwelling units.
(Ord. No. 1986-49, § 1(4.1302), 9-16-86; Ord. No. 1987-3, § 9, 2-17-87; Ord. No. 1987-24, § 12, 12-21-87; Ord. No. 1988-45, § 10, 10-18-88; Ord. No. 1988-73, § 4, 1-3-89; Ord. No. 1990-61, §§ 6, 8, 12, 15, 17, 12-18-90; Ord. No. 1996-3, § 4, 2-20-97; Ord. No. 1997-25A, § 1, 6-17-97; Ord. No. 1997-30, § 1(f), 7-1-97; Ord. No. 2004-0122, § 1, 4-6-04; Ord. No. 2004-0332, § 1, 6-15-04; Ord. No. 2005-0037, § 2, 1-4-05; Ord. No. 2007-291, § 2, 5-1-07; Ord. No. 2010-131, § 1, 3-2-10; Ord. No. 2010-692, § 1, 12-7-10; Ord. No. 2011-116, § 1, 3-1-11; Ord. No. 2013-483, § 1, 8-20-13; Ord. No. 2014-432, § 1, 8-5-14; Ord. No. 2014-515, § 1, 9-2-14; Ord. No. 2016-493, § 1, 8-2-16; Ord. No. 2017-703, § 2, 8-1-17; Ord. No. 2018-907, § 1, 10-2-18; Ord. No. 2022-440, § 2, 7-5-22; Ord. No. 2023-794, § 2, 9-19-23; Ord. No. 2023-969, § 1, 11-7-23)
Sec. 28-548. - Special uses.
Uses which may be allowed in the O-2 district by special permit in accordance with the provisions of division 6 of article II of this chapter are:
(1)
Sale of beer and wine for consumption off premises; provided, that such use is located in a nonconforming retail grocery store.
(2)
Public utilities; electrical energy production facilities, transformers or relay substations and storage facilities.
(3)
Reserved.
(4)
Excavation, mining and/or removal of any material, including, but not limited to, sand, soil and gravel, as an accessory use for the purpose of construction on the property or development of the property for a permitted use by right or by special permit, if (1) the amount of material being removed from the site is more than 125,000 cubic yards, or (2) the excavation and/or mining involving the removal of material is intended to construct a water body or lake as an accessory use and the area of the water body or lake exceeds ten percent of the total area of the lot or tract where it is being constructed; provided the excavation, mining and/or removal is conducted in accordance with all terms and conditions of the special use permit, the surface mining and excavation guidelines and all other applicable ordinances and codes of the city and meets the following conditions:
a.
The property on which the excavation, mining and/or removal operation is conducted is not located within 1,000 feet of 26 or more dwelling units, and
b.
Trucks used to transport excavated material from an excavation or mining operation site shall not be driven on a local or collector street that provides vehicular access to a residential subdivision containing 26 or more dwelling units.
(5)
Monopole and stealth antenna structures at any height for wireless communication system.
(6)
Vocational rehabilitation enterprises, with a letter of support from the appropriate state or federal agency.
(7)
Bed and breakfast inn provided that a bed and breakfast facility license has been issued in accordance with chapter 13 of this Code.
(8)
Airport or heliport, subject to approval of the Federal Aviation Administration.
(9)
Outdoor recreational and amusement facility.
(10)
Transitional shelter I.
(11)
Reserved.
(12)
Reserved.
(13)
Financial institutions providing goods or services directly to customers in motor vehicles outside of an enclosed structure.
(14)
Reserved.
(15)
Transitional shelter II.
(16)
Dwelling, small lot single-family provided that:
a.
The dwelling is located within the limits of the area depicted in the Imagine Waco, A Plan for Greater Downtown.
b.
The dwelling is located on a street that is 26 feet or wider and on-street parking is not restricted.
c.
If the dwelling is located on an arterial or collector street or the lot is less than 40 feet in width, access should be from an alley or an approved shared driveway with adjoining lot(s).
d.
The following architectural requirements will apply in addition to the requirements of section 28-223:
(i)
Front building façades must maintain a minimum of 25 percent openings in the wall which must consist of windows and doors. A side building façade located on a corner lot must maintain a minimum of 15 percent openings in the wall which must consist of windows and doors.
(ii)
Primary and accessory building materials must remain complimentary to each other, and of the surrounding character of similar structures.
(iii)
All structures must have at least one primary entrance. The main entrance of the home shall face the front property line.
(iv)
All structures shall provide an entry-level covered porch with a minimum depth of five feet along at least 50 percent of the front building façade.
(17)
Reserved.
(Ord. No. 1986-49, § 1(4.1303), 9-16-86; Ord. No. 1987-24, §§ 2, 9, 12-21-87; Ord. No. 1987-58, § 7, 10-27-87; Ord. No. 1987-64, § 1, 11-24-87; Ord. No. 1989-30, § 6, 7-18-89; Ord. No. 1997-2, § 1(b), (c), 2-4-97; Ord. No. 1997-30, § 1(g), 7-1-97; Ord. No. 1998-53, § 1, 2-2-99; Ord. No. 2003-0405, § 1, 7-15-03; Ord. No. 2004-0122, § 1, 4-6-04; Ord. No. 2004-0332, § 1, 6-15-04; Ord. No. 2005-287, § 2, 5-3-05; Ord. No. 2010-692, § 1, 12-7-10; Ord. No. 2010-693, § 1, 12-7-10; Ord. No. 2013-481, § 1, 8-20-13; Ord. No. 2013-483, § 1, 8-20-13; Ord. No. 2016-174, § 1, 3-1-16; Ord. No. 2017-703, § 2, 8-1-17; Ord. No. 2021-365, § 1, 6-1-21)
Sec. 28-549. - Lot area.
Except as otherwise provided in section 28-901, every lot in the O-2 district upon which a structure or use is erected, altered or maintained shall have:
(1)
Single-family dwelling. An area of not less than 6,000 square feet per dwelling unit; and a minimum width of 50 feet.
(2)
Two-family dwelling. An area of not less than 3,000 square feet per dwelling unit; and a minimum width of 60 feet.
(3)
Single-family attached and detached (zero lot line) dwelling. An area of not less than 4,000 square feet per dwelling unit; and a minimum width of 40 feet.
(4)
Small lot single-family dwelling. An area of not less than 3,000 square feet per dwelling unit; and a minimum width of 30 feet.
(5)
Townhouse dwelling. An area of not less than 3,000 square feet for each dwelling unit; and a minimum width of 20 feet for each dwelling unit.
(6)
Multiple-family dwelling. An area of 1,089 square feet for each dwelling unit (40 units per acre); and a minimum width of 50 feet.
(7)
All other permitted uses. An area of not less than 6,000 square feet; and a minimum width of 60 feet.
(8)
Uses allowed by special permit. An area of not less than 6,000 square feet and a minimum width of 60 feet; subject to the provisions of section 28-130(b).
(Ord. No. 1986-49, § 1(4.1304), 9-16-86; Ord. No. 2007-291, § 2, 5-1-07; Ord. No. 2007-356, § 2, 6-5-07; Ord. No. 2016-174, § 1, 3-1-16)
Sec. 28-550. - Height restrictions.
Except as provided in section 28-903, there shall be no height limit in the O-2 district.
(Ord. No. 1986-49, § 1(4.1305), 9-16-86)
Sec. 28-551. - Yard requirements.
Except as provided in section 28-904, no structure or use in the O-2 district shall be erected, altered or maintained unless the following yards are provided:
(1)
All uses except single-family attached (zero lot line) dwellings. A front yard of not less than 25 feet; a rear yard of not less than 25 feet; and two side yards of not less than five feet each, except that:
a.
A side yard shall not be required where a side lot line is coterminous with a party wall of a townhouse dwelling.
b.
The required side or rear yard adjacent to a lot in an R-1A, R-1B or R-1C district shall be increased by one foot for each two feet, or fraction thereof, by which the principal structure exceeds 25 feet in height.
c.
A side yard of not less than 15 feet shall be provided where a side yard is adjacent to a side street, except as provided in section 28-904(c).
d.
For detached (zero lot line) dwelling; a side yard not less than ten feet opposite the zero lot line side yard; provided, that the distance between principal detached structures on adjacent lots shall not be less than ten feet.
e.
For small lot single-family dwelling; a front yard of not less than 25 feet; a rear yard of not less than 25 feet; and two side yards with a combined width of not less than ten feet; provided, that the distance between principal structures on adjacent lots shall not be less than ten feet.
(2)
Single-family attached (zero lot line) dwelling. A front yard of not less than 25 feet; a rear yard of not less than 25 feet; and a side yard or yards with a combined width of not less than ten feet; provided that the distance between principal detached structures on adjacent lots shall not be less than ten feet.
(3)
Uses allowed by special permit. Same as for permitted uses in subsection (1) of this section, subject to the provisions of section 28-130.
(Ord. No. 1986-49, § 1(4.1306), 9-16-86; Ord. No. 1987-3, §§ 14, 15, 2-17-87; Ord. No. 2007-291, § 2, 5-1-07; Ord. No. 2016-174, § 1, 3-1-16)
Sec. 28-552. - Additional regulations.
Uses in the O-2 district shall also comply with the following regulations:
(1)
Section 28-171 requiring review of development plans for all uses except single-family dwellings.
(2)
Chapter 9 regulating development in the escarpment zone.
(3)
Chapter 11 regulating development in floodplains.
(4)
A permit is required for all site work of property and for the construction or substantial alteration of a parking lot. "Substantial alteration" includes the adding of spaces or reconstruction of the parking lot area. Single-family residential uses shall be exempt from this requirement.
(Ord. No. 1986-49, § 1(4.1307), 9-16-86; Ord. No. 1998-82, § 1, 5-4-99)
Sec. 28-553. - Distance requirements.
(a)
A community home I located in the O-2 district shall be located at least ½-mile from another community home I.
(b)
A community home II located in the O-2 district shall be located at least 500 feet from any lot used for a school, day care center, or another community home II, transitional shelter, shelter, or halfway house.
(c)
A transitional shelter located in the O-2 district shall be located at least 500 feet from any lot used for a school, day care center, or another transitional shelter, community home II, shelter, or halfway house.
(Ord. No. 2004-0332, § 1, 6-15-04)
Sec. 28-571.- Purpose.
The O-3 office-limited commercial district is intended to permit selected business uses in locations convenient to residential areas, where the character of the business uses are such that they predominantly serve local needs; to encourage the grouping of such local-serving business uses with safe and convenient vehicular and pedestrian access, so that traffic congestion will be alleviated; and to ensure a proper relationship between the business district and adjacent residential uses by maintaining compatibility of scale through height and yard requirements.
(Ord. No. 1986-49, § 1(4.1401), 9-16-86)
Sec. 28-572. - Permitted uses.
Permitted uses in the O-3 district are:
(1)
Single-family dwellings.
(2)
Single-family (zero lot line) dwellings.
(3)
Two-family dwellings, duplexes. (Only one two-family dwelling is permitted per lot.)
(4)
Public uses, such as parks, libraries, buildings and municipal zoos.
(5)
Schools including public and private schools, elementary and secondary schools, preschools, kindergartens, nursery schools and special schools, provided the use meets all setback, lot size and other development requirements applicable.
(6)
Houses of worship, convents, rectories, parsonages and parish houses.
(7)
Clinics and lab services, but not including veterinary clinics.
(8)
Clubs, lodges, fraternities and sororities where the chief activity is not a business.
(9)
Commercial and vocational schools.
(10)
Convalescent or rest homes.
(11)
Dressmaking, millinery, tailor shops, shoe repair shops and similar shops.
(12)
Child care facilities.
(13)
Office buildings.
(14)
Personal service shops.
(15)
Restaurants.
(16)
Retail sales, excluding automobiles, trucks, farm machinery, construction machinery and equipment, agricultural and farm supplies, motorcycles, HUD-Code manufactured homes and RVs.
(17)
Studios of artists, photographers, crafts and custom trades.
(18)
Fire stations, police stations, artesian wells, pumping stations, lakes, boat docks, boathouses, water supply reservoirs, filter beds, water tanks, towers or standpipes and marinas.
(19)
Railroad rights-of-way, railroad tracks, bridges and signals.
(20)
Public utilities; poles, wires and transmission and/or distribution lines and other transmission and distributing appurtenances, but not including storage facilities, electrical energy production facilities, transformers or relay substations.
(21)
Accessory off-street parking and loading facilities subject to the provisions of article VII of this chapter.
(22)
Accessory signs subject to the provisions of article VIII of this chapter.
(23)
Other accessory uses subject to the provisions of section 28-926.
(24)
Financial institutions.
(25)
Home occupations subject to the provisions of section 28-928 and all other applicable provisions of this chapter.
(26)
Office and business equipment sales offices.
(27)
Parking facility, commercial.
(28)
Photostating and copy services.
(29)
Religious, philanthropic and educational institutions, museums.
(30)
Travel bureaus.
(31)
Townhouse dwellings.
(32)
Sale of beer and wine for consumption off premises, provided that such use is located in a nonconforming retail grocery store.
(33)
Licensed group homes.
(34)
Golf courses, but not miniature courses or driving ranges.
(35)
Sale of beer for on-premise consumption, provided that such use is located on a public golf course.
(36)
Wireless communication system antennas on alternate independent support structures.
(37)
Adult day care facilities.
(38)
Photostating and copy services.
(39)
Small packaging and shipping services.
(40)
Community home I.
(41)
Outside display subject to the provisions of section 28-926.
(42)
Single-family detached (zero lot line) dwellings.
(43)
Excavation, mining and/or removal of material limited to sand, soil or gravel, as an accessory use for the purpose of construction on the property or development of the property for a permitted use by right or by special permit; provided the excavation, mining and/or removal of material meet the following:
a.
The amount of material being removed from the site is not more than 125,000 cubic yards;
b.
A site grading permit is issued meeting all requirements of article III, division 3 of this chapter for a period of time that is specified in the site grading permit which period of time shall be reasonable for the amount of work that is being done as part of the construction on the property or development of the property for a permitted use, as determined by the building official; and
c.
If excavation, mining and/or removal of material is intended to create a water body or lake as an accessory use, the area of the water body or lake cannot exceed ten percent of the total area of the tract or lot where it is being constructed. This applies to the parent tract or lot and further division of the parent tract or lot will not permit additional water bodies or lake to exceed ten percent of the total area of the parent tract or lot.
(44)
Farmers' markets (except on lots containing only single-family uses) provided that a farmers' market permit has been issued in accordance with chapter 13 of this Code.
(45)
Sale of alcohol for off-premise consumption provided that such use occurs at a permitted farmers' market.
(46)
Community gardens provided that a community garden permit has been issued in accordance with chapter 13 of this Code (unless such permit is not required under chapter 13 of this Code).
(47)
Temporary commercial parking facility.
(48)
Neighborhood grocery stores.
(49)
Bed and breakfast homestay establishment provided that a bed and breakfast facility license has been issued in accordance with chapter 13 of this Code.
(50)
Bed and breakfast inn provided that a bed and breakfast facility license has been issued in accordance with chapter 13 of this Code.
(51)
Short-term rental type I provided that a short-term rental facility license has been issued in accordance with chapter 13 of this Code.
(52)
Short-term rental type II provided that a short-term rental facility license has been issued in accordance with chapter 13 of this Code.
(53)
Live/work unit.
(54)
House Museum.
(55)
Agricultural operations.
(56)
Accessory dwelling units.
(Ord. No. 1986-49, § 1(4.1402), 9-16-86; Ord. No. 1987-3, §§ 9, 13, 2-17-87; Ord. No. 1987-24, §§ 12, 20, 12-21-87; Ord. No. 1988-45, §§ 10, 17, 10-18-88; Ord. No. 1988-73, § 7, 1-3-89; Ord. No. 1990-13, §§ 1, 8, 4-17-90; Ord. No. 1990-61, §§ 6, 8, 12, 15, 16, 12-18-90; Ord. No. 1992-35, § 5, 10-6-92; Ord. No. 1996-3, §§ 3, 4, 2-20-96; Ord. No. 1997-25A, § 1, 6-17-97; Ord. No. 1997-30, § 1(f), 7-1-97; Ord. No. 2004-0122, § 1, 4-6-04; Ord. No. 2004-0332, § 1, 6-15-04; Ord. No. 2005-437, § 2, 8-2-05; Ord. No. 2007-291, § 2, 5-1-07; Ord. No. 2010-131, § 1, 3-2-10; Ord. No. 2010-692, § 1, 12-7-10; Ord. No. 2011-116, § 1, 3-1-11; Ord. No. 2013-483, § 1, 8-20-13; Ord. No. 2014-432, § 1, 8-5-14; Ord. No. 2014-515, § 1, 9-2-14; Ord. No. 2017-703, § 2, 8-1-17; Ord. No. 2018-907, § 1, 10-2-18; Ord. No. 2022-440, § 2, 7-5-22; Ord. No. 2023-794, § 2, 9-19-23; Ord. No. 2023-969, § 1, 11-7-23)
Sec. 28-573. - Special uses.
Uses which may be allowed in the O-3 district by special permit in accordance with the provisions of section 28-121 et seq. are:
(1)
Public utilities; electrical energy production facilities, transformers or relay substations and storage facilities.
(2)
Reserved.
(3)
Airport or heliport, subject to approval of the Federal Aviation Administration.
(4)
Hospitals.
(5)
Excavation, mining and/or removal of any material, including, but not limited to, sand, soil and gravel, as an accessory use for the purpose of construction on the property or development of the property for a permitted use by right or by special permit, if (1) the amount of material being removed from the site is more than 125,000 cubic yards, or (2) the excavation and/or mining involving the removal of material is intended to construct a water body or lake as an accessory use and the area of the water body or lake exceeds ten percent of the total area of the lot or tract where it is being constructed; provided the excavation, mining and/or removal is conducted in accordance with all terms and conditions of the special use permit, the surface mining and excavation guidelines and all other applicable ordinances and codes of the city and meets the following conditions:
a.
The property on which the excavation, mining and/or removal operation is conducted is not located within 1,000 feet of 26 or more dwelling units, and
b.
Trucks used to transport excavated material from an excavation or mining operation site shall not be driven on a local or collector street that provides vehicular access to a residential subdivision containing 26 or more dwelling units.
(6)
Monopole and stealth antenna structures at any height for wireless communication system.
(7)
Vocational rehabilitation enterprises, with a letter of support from the appropriate state or federal agency.
(8)
Appliance repair and service (household).
(9)
Bakeries, retail.
(10)
Cleaning, dyeing and laundry plants, commercial.
(11)
Health, physical and cultural services.
(12)
Nurseries or greenhouses, retail.
(13)
Restaurants, drive-in or with drive-in windows.
(14)
Schools, colleges and universities.
(15)
Parcel and package delivery and express services.
(16)
Outdoor recreational and amusement facility.
(17)
Community home II.
(18)
Reserved.
(19)
Reserved.
(20)
Reserved.
(21)
Financial institutions providing goods or services directly to customers in motor vehicles outside of an enclosed structure.
(22)
Transitional shelter I.
(23)
Reserved.
(24)
Transitional shelter II.
(25)
Dwelling, small lot single-family provided that:
a.
The dwelling is located within the limits of the area depicted in the Imagine Waco, A Plan for Greater Downtown.
b.
The dwelling is located on a street that is 26 feet or wider and on-street parking is not restricted.
c.
If the dwelling is located on an arterial or collector street or the lot is less than 40 feet in width, access should be from an alley or an approved shared driveway with adjoining lot(s).
d.
The following architectural requirements will apply in addition to the requirements of section 28-223:
(i)
Front building façades must maintain a minimum of 25 percent openings in the wall which must consist of windows and doors. A side building façade located on a corner lot must maintain a minimum of 15 percent openings in the wall which must consist of windows and doors.
(ii)
Primary and accessory building materials must remain complimentary to each other, and of the surrounding character of similar structures.
(iii)
All structures must have at least one primary entrance. The main entrance of the home shall face the front property line.
(iv)
All structures shall provide an entry-level covered porch with a minimum depth of five feet along at least 50 percent of the front building façade.
(Ord. No. 1986-49, § 1(4.1403), 9-16-86; Ord. No. 1987-24, §§ 1, 9, 2-17-87; Ord. No. 1987-33, § 1, 6-9-87; Ord. No. 1987-64, § 1, 11-24-87; Ord. No. 1988-45, § 1, 10-18-88; Ord. No. 1989-30, § 6, 7-18-89; Ord. No. 1990-13, § 1, 4-17-90; Ord. No. 1997-2, § 1(b), (c), 2-4-97; Ord. No. 1997-30, § 1(g), 7-1-97; Ord. No. 1998-53, § 1, 2-2-99; Ord. No. 2003-0405, § 1, 7-15-03; Ord. No. 2004-0122, § 1, 4-6-04; Ord. No. 2004-0332, § 1, 6-15-04; Ord. No. 2005-287, § 2, 5-3-05; Ord. No. 2010-692, § 1, 12-7-10; Ord. No. 2010-693, § 1, 12-7-10; Ord. No. 2013-481, § 1, 8-20-13; Ord. No. 2013-483, § 1, 8-20-13; Ord. No. 2016-174, § 1, 3-1-16; Ord. No. 2017-703, § 2, 8-1-17; Ord. No. 2021-365, § 1, 6-1-21)
Sec. 28-574. - Lot area.
Except as otherwise provided in section 28-901, every lot in the O-3 district upon which a structure or use is erected, altered or maintained shall have:
(1)
All permitted uses. An area of not less than 6,000 square feet; and a minimum width of 60 feet.
(2)
Two-family dwelling. An area of not less than 3,000 square feet per dwelling unit; and a minimum width of 60 feet.
(3)
Uses allowed by special permit. Same as for permitted uses, subject to the provisions of section 28-130.
(4)
Townhouse dwelling. An area of not less than 3,000 square feet for each dwelling unit; and a minimum width of 20 feet for each dwelling unit.
(5)
Single-family attached and detached (zero lot line) dwelling. An area of not less than 4,000 square feet per dwelling unit; and a minimum width of 40 feet.
(6)
Single-family dwelling. An area of not less than 6,000 square feet per dwelling unit; and a minimum width of 50 feet.
(7)
Small lot single-family dwelling. An area of not less than 3,000 square feet per dwelling unit; and a minimum width of 30 feet.
(Ord. No. 1986-49, § 1(4.1404), 9-16-86; Ord. No. 1988-45, § 17, 10-18-88; Ord. No. 1988-73, § 8, 1-3-89; Ord. No. 2007-291, § 2, 5-1-07; Ord. No. 2007-356, § 2, 6-5-07; Ord. No. 2016-174, § 1, 3-1-16)
Sec. 28-575. - Height restrictions.
Except as provided in section 28-903, no structure or use in the O-3 district shall be erected, altered or maintained which exceeds two stories or 35 feet in height.
(Ord. No. 1986-49, § 1(4.1405), 9-16-86)
Sec. 28-576. - Yard requirements.
Except as provided in section 28-904, no structure or use in the O-3 district shall be erected, altered or maintained unless the following yards are provided:
(1)
All permitted uses. A front yard of not less than 15 feet; a rear yard of not less than 25 feet; two side yards of not less than five feet each, except that:
a.
A side yard of not less than 15 feet shall be required where the side yard is adjacent to a side street or as provided in section 28-904(f).
b.
A side yard abutting any R-1 or R-2 district shall not be less than 25 feet.
c.
The required side or rear yard adjacent to a lot in an R-1A, R-1B or R-1C district shall be increased by one foot for every two feet, or fraction thereof, by which the principal structure exceeds 25 feet in height.
d.
For detached (zero lot line) dwelling; a side yard not less than ten feet opposite the zero lot line side yard; provided, that the distance between principal detached structures on adjacent lots shall not be less than ten feet.
e.
For small lot single-family dwelling; a front yard of not less than 25 feet; a rear yard of not less than 25 feet; and two side yards with a combined width of not less than ten feet; provided, that the distance between principal structures on adjacent lots shall not be less than ten feet.
(2)
Uses allowed by special permit. Same as for permitted uses in subsection (1) of this section, subject to the provisions of section 28-130(b).
(Ord. No. 1986-49, § 1(4.1406), 9-16-86; Ord. No. 2007-291, § 2, 5-1-07; Ord. No. 2016-174, § 1, 3-1-16)
Sec. 28-577. - Nonresidential regulations.
(1)
Retail sales in the O-3 district are subject to the following conditions:
(a)
Retail sales shall be permitted by right between the hours of 7:00 a.m. and 7:00 p.m. of any day.
(b)
Retail sales may be allowed by special permit between the hours of 7:00 p.m. and 12:00 midnight and from 5:00 a.m. to 7:00 a.m. of any day. Factors to be considered in the granting of the special permit for operation of a business during these hours shall include, but not be limited to, the type of use and the impact of extended hours of the operation on the surrounding neighborhood.
(2)
All principal uses or activities shall be conducted within a completely enclosed structure. There shall be no outside storage, no sale of goods or dispensing or serving of food and beverages directly to consumers in motor vehicles, and no outside display or sale of merchandise.
(Ord. No. 1986-49, § 1(4.1407), 9-16-86; Ord. No. 2010-255, § 1, 5-4-10)
Sec. 28-578. - Additional regulations.
Uses in the O-3 district shall also comply with the following regulations:
(1)
Section 28-171 requiring review of development plans for all uses except single-family dwellings.
(2)
Chapter 9 regulating development in the escarpment zone.
(3)
Chapter 11 regulating development in floodplains.
(4)
A permit is required for all site work of property and for the construction or substantial alteration of a parking lot. "Substantial alteration" includes the adding of spaces or reconstruction of the parking lot area. Single-family residential uses shall be exempt from this requirement.
(Ord. No. 1986-49, § 1(4.1408), 9-16-86; Ord. No. 1998-82, § 1, 5-4-99)
Sec. 28-579. - Distance requirement.
(a)
A community home I located in the O-3 district shall be located at least ½-mile from another community home I.
(b)
A community home II located in the O-3 district shall be located at least 500 feet from any lot used for a school, day care center, or another community home II, transitional shelter, shelter, or halfway house.
(c)
A transitional shelter located in the O-3 district shall be located at least 500 feet from any lot used for a school, day care center, or another transitional shelter, community home II, shelter, or halfway house.
(Ord. No. 2004-0332, § 1, 6-15-04)
Sec. 28-596.- Purpose.
The C-1 community commercial—No alcohol district is intended to provide for commercial and multifamily residential uses in centers and groups of uses, but prohibits uses which sell or serve alcoholic beverages, in order to limit the impact on and thus to protect adjacent residential neighborhoods.
(Ord. No. 1986-49, § 1(4.1501), 9-16-86)
Sec. 28-597. - Permitted uses.
Permitted uses in the C-1 district are:
(1)
Financial institutions.
(2)
Clinics and lab services, but not including veterinary clinics.
(3)
Clubs, lodges, where the chief activity is not a business.
(4)
Commercial and vocational schools.
(5)
Convalescent or rest homes.
(6)
Dressmaking, millinery, tailor shops, shoe repair shops and similar shops.
(7)
Child care facilities.
(8)
Office buildings.
(9)
Personal service shops.
(10)
Restaurants.
(11)
Retail sales, excluding automobiles, trucks, farm machinery, construction machinery and equipment, agricultural and farm supplies, motorcycles, HUD-Code manufactured homes and RVs.
(12)
Studios of artists, photographers, crafts and custom trades.
(13)
Physical cultural and health services, including gymnasiums and reducing salons.
(14)
Travel bureaus.
(15)
Repair and servicing of bicycles, radios, televisions, appliances, keys and similar consumer articles, but not including motorized vehicles.
(16)
Commercial funeral home.
(17)
Public uses, such as parks, libraries, buildings and municipal zoos.
(18)
Schools including public and private schools, elementary and secondary schools, preschools, kindergartens, nursery schools and special schools, provided the use meets all setback, lot size and other development requirements applicable.
(19)
Houses of worship, convents, rectories, parsonages and parish houses.
(20)
Golf courses, but not miniature courses or driving ranges.
(21)
Fire stations, police stations, artesian wells, pumping stations, lakes, boat docks, boathouses, water supply reservoirs, filter beds, water tanks, towers or standpipes and marinas.
(22)
Railroad rights-of-way, railroad tracks, bridges and signals.
(23)
Public utilities; poles, wires and transmission and/or distribution lines and other transmission and distributing appurtenances, but not including storage facilities, electrical energy production facilities, transformers or relay substations.
(24)
Accessory off-street parking and loading facilities subject to the provisions of article VII of this chapter.
(25)
Accessory signs subject to the provisions of article VIII of this chapter.
(26)
Other accessory uses subject to the provisions of section 28-926.
(27)
Auto, retail gas sales, only with convenience store.
(28)
Bakeries, retail.
(29)
Catering establishments.
(30)
Cleaning, dyeing and laundry plants, commercial.
(31)
Home occupations, subject to the provisions of section 28-928 and all other applicable provisions of this chapter.
(32)
Laundries, self-serve commercial.
(33)
Office and business equipment sales offices.
(34)
Photostating and copy services.
(35)
Recreation, indoor sport facilities.
(36)
Religious, philanthropic and educational institutions, museums.
(37)
Equipment rental (small domestic).
(38)
Multiple-family dwellings.
(39)
Townhouse dwellings.
(40)
Licensed group homes.
(41)
Wireless communication system antennas on alternate independent support structures.
(42)
Reserved.
(43)
Retail sales exclusively outside an enclosed building, provided that a private open air vending permit has been issued in accordance with Chapter 13 of this Code for such use.
(44)
Adult day care facilities.
(45)
Small packaging and shipping services.
(46)
Community home I.
(47)
Enclosed outside storage subject to the provisions of section 28-926.
(48)
Outside display subject to the provisions of section 28-926.
(49)
Restaurants, retail sales, or personal, automobile or financial services providing goods or services directly to customers in motor vehicles outside of an enclosed structure not adjacent to a lot used for residential purposes, or an R zoning district.
(50)
Mortuary services as an accessory use to a commercial funeral home and subject to the provisions of section 28-926.
(51)
Excavation, mining and/or removal of material limited to sand, soil or gravel, as an accessory use for the purpose of construction on the property or development of the property for a permitted use by right or by special permit; provided the excavation, mining and/or removal of material meet the following:
a.
The amount of material being removed from the site is not more than 125,000 cubic yards;
b.
A site grading permit is issued meeting all requirements of article III, division 3 of this chapter for a period of time that is specified in the site grading permit which period of time shall be reasonable for the amount of work that is being done as part of the construction on the property or development of the property for a permitted use, as determined by the building official; and
c.
If excavation, mining and/or removal of material is intended to create a water body or lake as an accessory use, the area of the water body or lake cannot exceed ten percent of the total area of the tract or lot where it is being constructed. This applies to the parent tract or lot and further division of the parent tract or lot will not permit additional water bodies or lake to exceed ten percent of the total area of the parent tract or lot.
(52)
Reserved.
(53)
Farmers' markets (except on lots containing only single-family uses) provided that a farmers' market permit has been issued in accordance with chapter 13 of this Code.
(54)
Sale of alcohol for off-premise consumption provided that such use occurs at a permitted farmers' market.
(55)
Community gardens provided that a community garden permit has been issued in accordance with chapter 13 of this Code (unless such permit is not required under chapter 13 of this Code).
(56)
Bed and breakfast homestay establishment provided that a bed and breakfast facility license has been issued in accordance with chapter 13 of this Code.
(57)
Bed and breakfast inn provided that a bed and breakfast facility license has been issued in accordance with chapter 13 of this Code.
(58)
Short-term rental type I provided that a short-term rental license has been issued in accordance with chapter 13 of this Code.
(59)
House Museum.
(60)
Agricultural operations.
(Ord. No. 1986-49, § 1(4.1502), 9-16-86; Ord. No. 1987-3, § 9, 2-17-87; Ord. No. 1987-24, §§ 12, 15, 20, 12-21-87; Ord. No. 1988-45, § 10, 10-18-88; Ord. No. 1988-73, § 7, 1-3-89; Ord. No. 1990-61, §§ 6, 8, 12, 15, 16, 12-18-90; Ord. No. 1992-35, § 5, 10-6-92; Ord. No. 1997-25A, § 1, 6-17-97; Ord. No. 1997-30, § 1(h), 7-1-97; Ord. No. 2003-0383, § 1, 7-1-03; Ord. No. 2004-0122, § 1, 4-6-04; Ord. No. 2004-0332, § 1, 6-15-04; Ord. No. 2005-437, § 2, 8-2-05; Ord. No. 2006-455, § 2, 8-1-06; Ord. No. 2007-290, § 3, 5-1-07; Ord. No. 2010-131, § 1, 3-2-10; Ord. No. 2010-692, § 1, 12-7-10; Ord. No. 2010-693, § 1, 12-7-10; Ord. No. 2011-116, § 1, 3-1-11; Ord. No. 2013-483, § 1, 8-20-13; Ord. No. 2017-703, § 2, 8-1-17; Ord. No. 2022-440, § 2, 7-5-22; Ord. No. 2023-794, § 2, 9-19-23)
Sec. 28-598. - Enclosed structure required.
All principal uses in the C-1 district shall be conducted within a completely enclosed structure. There shall be no open storage.
(Ord. No. 1986-49, § 1(4.1503), 9-16-86; Ord. No. 2005-437, § 2, 8-2-05)
Sec. 28-599. - Alcoholic beverages prohibited.
The sale or service of alcoholic beverages is prohibited in the C-1 district.
(Ord. No. 1986-49, § 1(4.1504), 9-16-86)
Sec. 28-600. - Special uses.
Uses which may be allowed in the C-1 district by special permit in accordance with the provisions of section 28-121 et seq. are:
(1)
Greenhouses and nurseries (retail only).
(2)
Theaters (not drive-in).
(3)
Veterinary clinics, but not including open kennels.
(4)
Hospitals.
(5)
Excavation, mining and/or removal of any material, including, but not limited to, sand, soil and gravel, as an accessory use for the purpose of construction on the property or development of the property for a permitted use by right or by special permit, if (1) the amount of material being removed from the site is more than 125,000 cubic yards, or (2) the excavation and/or mining involving the removal of material is intended to construct a water body or lake as an accessory use and the area of the water body or lake exceeds ten percent of the total area of the lot or tract where it is being constructed; provided the excavation, mining and/or removal is conducted in accordance with all terms and conditions of the special use permit, the surface mining and excavation guidelines and all other applicable ordinances and codes of the city and meets the following conditions:
a.
The property on which the excavation, mining and/or removal operation is conducted is not located within 1,000 feet of 26 or more dwelling units, and
b.
Trucks used to transport excavated material from an excavation or mining operation site shall not be driven on a local or collector street that provides vehicular access to a residential subdivision containing 26 or more dwelling units.
(6)
Monopole and stealth antenna structures at any height for wireless communication system.
(7)
Cemeteries.
(8)
Reserved.
(9)
Restaurants, retail sales, or personal, automobile or financial services providing goods or services directly to customers in motor vehicles outside of an enclosed structure adjacent to a lot used for residential purposes, or an R zoning district.
(10)
Reserved.
(11)
Schools; colleges and universities.
(12)
Carpet cleaning.
(13)
Parcel and package delivery and express services.
(14)
Public utilities; shops, yards, generation, storage and substations.
(15)
Motels or hotels and attached restaurants.
(16)
Residential quarters for caretakers and similar personnel.
(17)
Vocational rehabilitation.
(18)
Community home II.
(19)
Bed and breakfast inn provided that a bed and breakfast facility license has been issued in accordance with chapter 13 of this Code.
(20)
Reserved.
(21)
Transitional shelter II.
(22)
Recreational vehicle parks subject to chapter 15 of the Code.
(23)
Crematory services as an accessory use to a commercial funeral home and subject to the provisions of section 28-926.
(Ord. No. 1986-49, § 1(4.1505), 9-16-86; Ord. No. 1987-33, § 1, 6-9-87; Ord. No. 1987-64, § 1, 11-24-87; Ord. No. 1988-45, § 1, 10-18-88; Ord. No. 1989-30, § 6, 7-18-89; Ord. No. 1997-30, § 1(i), 7-1-97; Ord. No. 1997-2, § 1(c), 2-4-97; Ord. No. 1998-53, § 1, 2-2-99; Ord. No. 2003-0383, § 1, 7-1-03; Ord. No. 2003-0405, § 1, 7-15-03; Ord. No. 2004-0122, § 1, 4-6-04; Ord. No. 2004-0332, § 1, 6-15-04; Ord. No. 2005-287, § 2, 5-3-05; Ord. No. 2006-455, § 4, 8-1-06; Ord. No. 2010-692, § 1, 12-7-10; Ord. No. 2011-117, § 1, 3-1-11; Ord. No. 2013-481, § 1, 8-20-13; Ord. No. 2013-483, § 1, 8-20-13; Ord. No. 2017-703, § 2, 8-1-17; Ord. No. 2018-568, § 1, 6-5-18; Ord. No. 2021-365, § 1, 6-1-21)
Sec. 28-601. - Lot area.
Except as otherwise provided in section 28-901, every lot in the C-1 district upon which a structure or use is erected, altered or maintained shall have:
(1)
All permitted uses. An area of not less than 10,000 square feet; and a minimum width of 80 feet.
(2)
Multifamily dwelling. An area of not less than 1,740 square feet per dwelling unit; and a minimum width of 50 feet.
(3)
Uses allowed by special permit. Same as for permitted uses, subject to the provisions of section 28-130.
(4)
Townhouse dwelling. An area of not less than 3,000 square feet for each dwelling unit; and a minimum width of 20 feet for each dwelling unit.
(Ord. No. 1986-49, § 1(4.1506), 9-16-86; Ord. No. 1988-73, § 8, 1-3-89)
Sec. 28-602. - Height restrictions.
Except as provided in section 28-903, no structure or use in the C-1 district shall be erected, altered or maintained which exceeds two stories or 35 feet in height.
(Ord. No. 1986-49, § 1(4.1507), 9-16-86)
Sec. 28-603. - Yard requirements.
Except as provided in section 28-904, no structure or use in the C-1 district shall be erected, altered or maintained unless the following yards are provided:
(1)
All permitted uses. A front yard of not less than 20 feet and no minimum side or rear yard is required, except that:
a.
A side yard of not less than ten feet shall be required where the side yard is adjacent to a side street.
b.
Any rear or side yard abutting an R-3 or O district shall not be less than 15 feet.
c.
Any rear or side yard abutting an R-1 or R-2 district shall not be less than 25 feet.
d.
The required side or rear yard adjacent to a lot in an R-1A, R-1B or R-1C district shall be increased by one foot for each two feet, or fraction thereof, by which the principle structure exceeds 25 feet in height.
(2)
Uses allowed by special permit. Same as for permitted uses in subsection (1) of this section, subject to the provisions of section 28-130.
(Ord. No. 1986-49, § 1(4.1508), 9-16-86; Ord. No. 1987-3, § 16, 2-17-87)
Sec. 28-604. - Additional regulations.
Uses in the C-1 district shall also comply with the following regulations:
(1)
Section 28-171 requiring review of development plans for all uses except single-family dwellings.
(2)
Chapter 9 regulating development in the escarpment zone.
(3)
Chapter 11 regulating development in floodplains.
(4)
A permit is required for all site work of property and for the construction or substantial alteration of a parking lot. "Substantial alteration" includes the adding of spaces or reconstruction of the parking lot area. Single-family residential uses shall be exempt from this requirement.
(Ord. No. 1986-49, § 1(4.1509), 9-16-86; Ord. No. 1998-82, § 1, 5-4-99)
Sec. 28-605. - Distance requirement.
(a)
A community home I located in the C-1 district shall be located at least ½-mile from another community home I.
(b)
A community home II located in the C-1 district shall be located at least 500 feet from any lot used for a school, day care center, or another community home II, transitional shelter, shelter, or halfway house.
(c)
A transitional shelter located in the C-1 district shall be located at least 500 feet from any lot used for a school, day care center, or another transitional shelter, community home II, shelter, or halfway house.
(Ord. No. 2004-0332, § 1, 6-15-04)
Sec. 28-621.- Purpose.
The C-2 community commercial district is intended to provide for a variety of mutually supporting compatible business and multifamily residential uses in unified centers and related groupings of individually developed sites; and to encourage high quality commercial and multifamily residential development in convenient locations accessible to major traffic arteries outside major transportation corridors.
(Ord. No. 1986-49, § 1(4.1601), 9-16-86)
Sec. 28-622. - Permitted uses.
Permitted uses in the C-2 district are:
(1)
Financial institutions.
(2)
Clinics and lab services, but not including veterinary clinics.
(3)
Clubs, lodges, where the chief activity is not a business.
(4)
Commercial and vocational schools.
(5)
Convalescent or rest homes.
(6)
Dressmaking, millinery, tailor shops, shoe repair shops and similar shops.
(7)
Child care facilities.
(8)
Office buildings.
(9)
Personal service shops.
(10)
Restaurants.
(11)
Retail sales, excluding automobiles, trucks, farm machinery, construction machinery and equipment, agricultural and farm supplies, motorcycles, HUD-Code manufactured homes and RVs.
(12)
Studios of artists, photographers, crafts and custom trades.
(13)
Physical, cultural and health services, including gymnasiums and reducing salons.
(14)
Travel bureaus.
(15)
Repair and servicing of bicycles, radios, televisions, appliances, keys and similar consumer articles, but not including motorized vehicles.
(16)
Commercial funeral home.
(17)
Public uses, such as parks, libraries, buildings and municipal zoos.
(18)
Schools including public and private schools, elementary and secondary schools, preschools, kindergartens, nursery schools and special schools, provided the use meets all setback, lot size and other development requirements applicable.
(19)
Houses of worship, convents, rectories, parsonages and parish houses.
(20)
Golf courses.
(21)
Fire stations, police stations, artesian wells, pumping stations, lakes, boat docks, boathouses, water supply reservoirs, filter beds, water tanks, towers or standpipes and marinas.
(22)
Railroad rights-of-way, railroad tracks, bridges and signals.
(23)
Public utilities; poles, wires and transmission and/or distribution lines and other transmission and distributing appurtenances, but not including storage facilities, electrical energy production facilities, transformers or relay substations.
(24)
Accessory off-street parking and loading facilities subject to the provisions of article VII of this chapter.
(25)
Accessory signs subject to the provisions of article VIII of this chapter.
(26)
Other accessory uses subject to the provisions of section 28-926.
(27)
Alcoholic beverages, sale for off-premises consumption.
(28)
Bakeries, retail.
(29)
Catering establishments.
(30)
Cleaning, dyeing and laundry plants, commercial.
(31)
Printing, blueprinting, binding and publishing, lithographing and engraving.
(32)
Home occupation subject to the provisions of section 28-928 and all other applicable provisions of this chapter.
(33)
Laundries, self-serve commercial.
(34)
Photostating and copy services.
(35)
Indoor recreational facility.
(36)
Religious, philanthropic and educational institutions, museums.
(37)
Equipment rental (small domestic).
(38)
Multiple-family dwellings.
(39)
Auto, retail gas sale, only with convenience stores.
(40)
Office and business equipment sales offices.
(41)
Townhouse dwellings.
(42)
Licensed group homes.
(43)
Motel and hotels and attached restaurants.
(44)
Sale of beer for on-premises consumption, provided that such use is located on a public golf course.
(45)
Wireless communication system antennas on alternate independent support structures.
(46)
Mortuary services as an accessory use to a commercial funeral home and subject to the provisions of section 28-926.
(47)
Retail sales exclusively outside an enclosed building, provided that a private open air vending permit has been issued in accordance with Chapter 13 of this Code for such use.
(48)
Adult day care facilities.
(49)
Small packaging and shipping services.
(50)
Community home I.
(51)
Enclosed outside storage subject to the provisions of section 28-926.
(52)
Outside display subject to the provisions of section 28-926.
(53)
Restaurants, retail sales, or personal, automobile or financial services providing goods or services directly to customers in motor vehicles outside of an enclosed structure not adjacent to a lot used for residential purposes, or an R zoning district.
(54)
Excavation, mining and/or removal of material limited to sand, soil or gravel, as an accessory use for the purpose of construction on the property or development of the property for a permitted use by right or by special permit; provided the excavation, mining and/or removal of material meet the following:
a.
The amount of material being removed from the site is not more than 125,000 cubic yards;
b.
A site grading permit is issued meeting all requirements of article III, division 3 of this chapter for a period of time that is specified in the site grading permit which period of time shall be reasonable for the amount of work that is being done as part of the construction on the property or development of the property for a permitted use, as determined by the building official; and
c.
If excavation, mining and/or removal of material is intended to create a water body or lake as an accessory use, the area of the water body or lake cannot exceed ten percent of the total area of the tract or lot where it is being constructed. This applies to the parent tract or lot and further division of the parent tract or lot will not permit additional water bodies or lake to exceed ten percent of the total area of the parent tract or lot.
(55)
Reserved.
(56)
Farmers' markets (except on lots containing only single-family uses) provided that a farmers' market permit has been issued in accordance with chapter 13 of this Code.
(57)
Sale of alcohol for off-premise consumption provided that such use occurs at a permitted farmers' market.
(58)
Community gardens provided that a community garden permit has been issued in accordance with chapter 13 of this Code (unless such permit is not required under chapter 13 of this Code).
(59)
Temporary commercial parking facility.
(60)
Bed and breakfast homestay establishment provided that a bed and breakfast facility license has been issued in accordance with chapter 13 of this Code.
(61)
Bed and breakfast inn provided that a bed and breakfast facility license has been issued in accordance with chapter 13 of this Code.
(62)
Short-term rental type I provided that a short-term rental facility license has been issued in accordance with chapter 13 of this Code.
(63)
Short-term rental type III provided that a short-term rental facility license has been issued in accordance with chapter 13 of this Code.
(64)
Live/work unit.
(65)
Theaters.
(66)
Outdoor recreation and amusement facility not adjacent to a lot with an R zoning district.
(67)
House Museum.
(68)
Agricultural operations.
(Ord. No. 1986-49, § 1(4.1602), 9-16-86; Ord. No. 1987-3, § 9, 2-17-87; Ord. No. 1987-24, §§ 12, 15, 20, 12-21-87; Ord. No. 1987-58, § 9, 10-27-87; Ord. No. 1988-45, § 10, 10-18-88; Ord. No. 1988-73, §§ 5, 7, 1-3-89; Ord. No. 1989-13, § 1, 3-28-89; Ord. No. 1990-13, §§ 2, 4, 4-17-90; Ord. No. 1990-61, §§ 6, 8, 12, 15, 16, 12-18-90; Ord. No. 1992-35, § 5, 10-6-92; Ord. No. 1995-62, § 1, 12-5-95; Ord. No. 1996-3, § 4, 2-20-96; Ord. No. 1997-25A, § 1, 6-17-97; Ord. No. 1997-30, § 1(h), 7-1-97; Ord. No. 2003-0383, § 1, 7-1-03; Ord. No. 2004-0122, § 1, 4-6-04; Ord. No. 2004-0332, § 1, 6-15-04; Ord. No. 2005-287, § 2, 5-3-05; Ord. No. 2005-437, § 2, 8-2-05; Ord. No. 2006-455, § 3, 8-1-06; Ord. No. 2007-290, § 3, 5-1-07; Ord. No. 2010-131, § 1, 3-2-10; Ord. No. 2010-692, § 1, 12-7-10; Ord. No. 2010-693, § 1, 12-7-10; Ord. No. 2011-116, § 1, 3-1-11; Ord. No. 2013-483, § 1, 8-20-13; Ord. No. 2014-432, § 1, 8-5-14; Ord. No. 2017-703, § 2, 8-1-17; Ord. No. 2018-907, § 1, 10-2-18; Ord. No. 2019-402, § 3, 7-2-19; Ord. No. 2022-440, § 2, 7-5-22; Ord. No. 2023-794, § 2, 9-19-23)
Sec. 28-623. - Enclosed structures required.
All principal uses in the C-2 district shall be conducted within a completely enclosed structure. There shall be no open storage.
(Ord. No. 1986-49, § 1(4.1603), 9-16-86; Ord. No. 2005-437, § 2, 8-2-05)
Sec. 28-624. - Special uses.
Uses which may be allowed in the C-2 district by special permit in accordance with the provisions of section 28-121 et seq. are:
(1)
Greenhouses and nurseries (retail only).
(2)
Restaurants, retail sales, or personal, automobile or financial services providing goods or services directly to customers in motor vehicles outside of an enclosed structure adjacent to a lot used for residential purposes, or an R zoning district.
(3)
Reserved.
(4)
Vocational rehabilitation.
(5)
Veterinary clinics, but not including open kennels.
(6)
Hospitals.
(7)
Excavation, mining and/or removal of any material, including, but not limited to, sand, soil and gravel, as an accessory use for the purpose of construction on the property or development of the property for a permitted use by right or by special permit, if (1) the amount of material being removed from the site is more than 125,000 cubic yards, or (2) the excavation and/or mining involving the removal of material is intended to construct a water body or lake as an accessory use and the area of the water body or lake exceeds ten percent of the total area of the lot or tract where it is being constructed; provided the excavation, mining and/or removal is conducted in accordance with all terms and conditions of the special use permit, the surface mining and excavation guidelines and all other applicable ordinances and codes of the city and meets the following conditions:
a.
The property on which the excavation, mining and/or removal operation is conducted is not located within 1,000 feet of 26 or more dwelling units, and
b.
Trucks used to transport excavated material from an excavation or mining operation site shall not be driven on a local or collector street that provides vehicular access to a residential subdivision containing 26 or more dwelling units.
(8)
Monopole and stealth antenna structures at any height for wireless communication system.
(9)
Cemeteries.
(10)
Reserved.
(11)
Reserved.
(12)
Schools; colleges or universities.
(13)
Carpet cleaning.
(14)
Parcel or package delivery and express services.
(15)
Public utilities; shops, yards, generation, storage and substations.
(16)
Residential quarters for caretakers and similar personnel.
(17)
Community home II.
(18)
Reserved.
(19)
Reserved.
(20)
Self-storage warehouses.
(21)
Transitional shelter II.
(22)
Recreational vehicle parks subject to chapter 15 of the Code.
(23)
Crematory services as an accessory use to a commercial funeral home and subject to the provisions of section 28-926.
(24)
Automobile car-washing establishments.
(25)
Outdoor recreation and amusement facility adjacent to a lot with an R zoning district.
(26)
Automobile servicing establishments including: the retail dispensing or servicing of vehicle fuels, lubricants, tires and vehicle accessories; the minor repair or replacement of parts, tires, paintless dent repair, and performing state inspections and making minor repairs necessary to pass state inspection for personal and light commercial vehicles. All work shall be within an enclosed structure.
(27)
Full-service automobile dealership.
(Ord. No. 1986-49, § 1(4.1604), 9-16-86; Ord. No. 1987-24, § 16, 12-21-87; Ord. No. 1987-58, § 7, 10-27-87; Ord. No. 1987-64, § 1, 11-24-87; Ord. No. 1988-45, § 1, 10-18-88; Ord. No. 1989-30, § 6, 7-18-89; Ord. No. 1995-62, § 2, 12-5-95; Ord. No. 1997-2, § 1(c), 2-4-97; Ord. No. 1997-30, § 1(i), 7-1-97; Ord. No. 1998-53, § 1, 2-2-99; Ord. No. 2003-0049, § 1, 1-21-03; Ord. No. 2003-0405, § 1, 7-15-03; Ord. No. 2004-0122, § 1, 4-6-04; Ord. No. 2004-0332, § 1, 6-15-04; Ord. No. 2005-287, § 2, 5-3-05; Ord. No. 2006-455, § 5, 8-1-06; Ord. No. 2010-692, § 1, 12-7-10; Ord. No. 2011-117, § 1, 3-1-11; Ord. No. 2013-481, § 1, 8-20-13; Ord. No. 2013-483, § 1, 8-20-13; Ord. No. 2017-702, § 1, 8-1-17; ; Ord. No. 2017-703, § 2, 8-1-17; Ord. No. 2018-568, § 1, 6-5-18; Ord. No. 2018-991, § 1, 11-6-18; Ord. No. 2019-402, § 4, 7-2-19; Ord. No. 2020-382, § 1, 6-2-20; Ord. No. 2023-849, § 2, 10-3-23)
Sec. 28-625. - Lot area.
Except as otherwise provided in section 28-901, every lot in the C-2 district upon which a structure or use is erected, altered or maintained shall have:
(1)
All permitted uses. An area of not less than 10,000 square feet; and a minimum width of 80 feet.
(2)
Multifamily dwelling. An area of not less than 1,740 square feet per dwelling unit; and a minimum width of 50 feet.
(3)
Uses allowed by special permit. Same as for permitted uses, subject to the provisions of section 28-130.
(4)
Townhouse dwelling. An area of not less than 3,000 square feet for each dwelling unit; and a minimum width of 20 feet for each dwelling unit.
(Ord. No. 1986-49, § 1(4.1605), 9-16-86; Ord. No. 1988-73, § 8, 1-3-89)
Sec. 28-626. - Height restrictions.
Except as provided in section 28-903, no structure or use in the C-2 district shall be erected, altered or maintained which exceeds two stories or 35 feet in height.
(Ord. No. 1986-49, § 1(4.1606), 9-16-86)
Sec. 28-627. - Yard requirements.
Except as provided in section 28-904, no structure or use in the C-2 district shall be erected, altered or maintained unless the following yards are provided:
(1)
All permitted uses. A front yard of not less than 20 feet and no minimum side or rear yard is required, except that:
a.
A side yard of not less than ten feet shall be required where the side yard is adjacent to a side street.
b.
Any rear or side yard abutting an R-3 or O district shall not be less than 15 feet.
c.
Any rear or side yard abutting an R-1 or R-2 district shall not be less than 25 feet.
d.
The required side or rear yard adjacent to a lot in an R-1A, R-1B or R-1C district shall be increased by one foot for every two feet, or fraction thereof, by which the principal structure exceeds 25 feet in height.
(2)
Uses allowed by special permit. Same as for permitted uses in subsection (1) of this section, subject to the provisions of section 28-130(b).
(Ord. No. 1986-49, § 1(4.1607), 9-16-86)
Sec. 28-628. - Additional regulations.
Uses in the C-2 district shall also comply with the following regulations:
(1)
Section 28-171 requiring review of development plans for all uses except single-family dwellings.
(2)
Chapter 9 regulating development in the escarpment zone.
(3)
Chapter 11 regulating development in floodplains.
(4)
A permit is required for all site work of property and for the construction or substantial alteration of a parking lot. "Substantial alteration" includes the adding of spaces or reconstruction of the parking lot area. Single-family residential uses shall be exempt from this requirement.
(Ord. No. 1986-49, § 1(4.1608), 9-16-86; Ord. No. 1998-82, § 1, 5-4-99)
Sec. 28-629. - Distance requirements.
(a)
A community home I located in the C-2 district shall be located at least ½-mile from another community home I.
(b)
A community home II located in the C-2 district shall be located at least 500 feet from any lot used for a school, day care center, or another community home II, transitional shelter, shelter, or halfway house.
(c)
A transitional shelter located in the C-2 district shall be located at least 500 feet from any lot used for a school, day care center, or another transitional shelter, community home II, shelter, or halfway house.
(Ord. No. 2004-0332, § 1, 6-15-04)
Sec. 28-646.- Purpose.
The C-3 general commercial district is intended to provide for a wide variety of business uses in locations with a high degree of accessibility to major transportation corridors. Lot area, height and yard requirements are designed to meet contemporary standards for commercial development on individual sites as well as in unified centers.
(Ord. No. 1986-49, § 1(4.1701), 9-16-86)
Sec. 28-647. - Permitted uses.
Permitted uses in the C-3 district are:
(1)
Financial institutions.
(2)
Clinics and lab services (not veterinary).
(3)
Motels, hotels and motor hotels (and attached restaurants).
(4)
Theaters, but not drive-in.
(5)
Clubs, lodges, where the chief activity is not a business.
(6)
Commercial and vocational schools.
(7)
Convalescent or rest homes.
(8)
Dressmaking, millinery, tailor shops, shoe repair shops and similar shops.
(9)
Office buildings.
(10)
Personal service shops.
(11)
Restaurants.
(12)
Retail sales (excluding machinery and HUD-Code manufactured homes).
(13)
Studios of artists, photographers, crafts and custom trades.
(14)
Physical culture and health services, including gymnasiums and reducing salons.
(15)
Travel bureaus.
(16)
Repair and servicing of bicycles, radios, televisions, appliances, keys and similar consumer articles.
(17)
Commercial funeral home.
(18)
Repair and servicing of automobiles and other passenger vehicles; provided, that all repair and servicing other than refueling is conducted within an enclosed structure.
(19)
Automobile carwashing establishments.
(20)
Indoor amusement facility.
(21)
Self-storage warehouses.
(22)
Veterinary clinics (no outside kennels).
(23)
Greenhouses and nurseries (retail only).
(24)
Public uses, such as parks, libraries, buildings and municipal zoos.
(25)
Schools including public and private schools, elementary and secondary schools, preschools, kindergartens, nursery schools and special schools, provided the use meets all setback, lot size and other development requirements applicable.
(26)
Houses of worship, convents, rectories, parsonages and parish houses.
(27)
Golf courses, including miniature courses or driving ranges.
(28)
Fire stations, police stations, artesian wells, pumping stations, lakes, boat docks, boathouses, water supply reservoirs, filter beds, water tanks, towers or standpipes and marinas.
(29)
Railroad rights-of-way, railroad tracks, bridges and signals.
(30)
Public utilities; poles, wires and transmission and/or distribution lines and other transmission and distributing appurtenances, but not including storage facilities, electrical energy production facilities, transformers or relay substations.
(31)
Accessory off-street parking and loading facilities subject to the provisions of article VII of this chapter.
(32)
Accessory signs subject to the provisions of article VIII of this chapter.
(33)
Other accessory uses subject to the provisions of section 28-926.
(34)
Air-conditioning and heating sales service.
(35)
Alcoholic beverages, sale for off-premises consumption.
(36)
Alcoholic beverages, sale for on-premise consumption; provided the use is located in a structure which is at least 100 feet from a lot zoned R-1 or R-2.
(37)
Auto, boat and recreation vehicles; sale, rental, parts, repair and storage (new and used, but not including wrecking yards).
(38)
Bakeries, retail and wholesome.
(39)
Broadcasting stations, radio and TV.
(40)
Building materials, retail.
(41)
Cleaning, dyeing, and laundry plants, commercial.
(42)
Laundry, self-service commercial.
(43)
Office and business equipment sales office.
(44)
Parking facilities, commercial.
(45)
Photostating and copy services.
(46)
Plumbing, sales and service.
(47)
Printing, blueprinting, binding and publishing, lithographing, engraving.
(48)
Indoor recreational facility.
(49)
Religious, philanthropic, educational institutions, museums.
(50)
Equipment rental (small domestic).
(51)
Restaurants, retail sales, or personal, automobile or financial services providing goods or services directly to customers in motor vehicles outside of an enclosed structure.
(52)
Roofing, sales and services.
(53)
Parcel and package delivery and express services.
(54)
Wholesale buying clubs.
(55)
Carpet cleaning.
(56)
Auto, retail fuel sales.
(57)
Catering establishments.
(58)
Home occupation in nonconforming residential uses subject to the provisions of section 28-928 and all other applicable provisions of this chapter.
(59)
Licensed group home.
(60)
Child care facilities.
(61)
Sale of beer for on-premise consumption, provided that such use is located on a public golf course.
(62)
Bed and breakfast inn provided that a bed and breakfast facility license has been issued in accordance with chapter 13 of this Code.
(63)
Wireless communication system antennas on alternate independent support structures.
(64)
Reserved.
(65)
Retail sales exclusively outside an enclosed building, provided that a private open air vending permit has been issued in accordance with Chapter 13 of this Code for such use.
(66)
Adult day care facilities.
(67)
Small packaging and shipping services.
(68)
Enclosed outside storage subject to the provisions of section 28-926.
(69)
outside display subject to the provisions of section 28-926.
(70)
Mortuary services as an accessory use to a commercial funeral home and subject to the provisions of section 28-926.
(71)
Excavation, mining and/or removal of material limited to sand, soil or gravel, as an accessory use for the purpose of construction on the property or development of the property for a permitted use by right or by special permit; provided the excavation, mining and/or removal of material meet the following:
a.
The amount of material being removed from the site is not more than 125,000 cubic yards;
b.
A site grading permit is issued meeting all requirements of article III, division 3 of this chapter for a period of time that is specified in the site grading permit which period of time shall be reasonable for the amount of work that is being done as part of the construction on the property or development of the property for a permitted use, as determined by the building official; and
c.
If excavation, mining and/or removal of material is intended to create a water body or lake as an accessory use, the area of the water body or lake cannot exceed ten percent of the total area of the tract or lot where it is being constructed. This applies to the parent tract or lot and further division of the parent tract or lot will not permit additional water bodies or lake to exceed ten percent of the total area of the parent tract or lot.
(72)
Farmers' markets (except on lots containing only single-family uses) provided that a farmers' market permit has been issued in accordance with chapter 13 of this Code.
(73)
Sale of alcohol for off-premise consumption provided that such use occurs at a permitted farmers' market.
(74)
Community gardens provided that a community garden permit has been issued in accordance with chapter 13 of this Code (unless such permit is not required under chapter 13 of this Code).
(75)
Temporary commercial parking facility.
(76)
Smoke shop.
(77)
House Museum.
(78)
Agricultural operations.
(Ord. No. 1986-49, § 1(4.1702), 9-16-86; Ord. No. 1987-3, § 17, 2-17-87; Ord. No. 1987-24, §§ 4, 6, 12, 15, 17, 20, 12-21-87; Ord. No. 1987-58, § 9, 10-27-87; Ord. No. 1988-45, § 12, 10-18-88; Ord. No. 1990-13, §§ 2, 3, 4-17-90; Ord. No. 1990-61, §§ 8, 14—16, 12-18-90; Ord. No. 1992-35, § 5, 10-6-92; Ord. No. 1996-3, § 4, 2-20-96; Ord. No. 1997-2, § 1(d), 2-4-97; Ord. No. 1997-25A, § 1, 6-17-97; Ord. No. 1997-30, § 1(h), 7-1-97; Ord. No. 2003-0383, § 1, 7-1-03; Ord. No. 2004-0122, § 1, 4-6-04; Ord. No. 2005-287, § 2, 5-3-05; Ord. No. 2005-437, § 2, 8-2-05; Ord. No. 2007-290, § 3, 5-1-07; Ord. No. 2010-131, § 1, 3-2-10; Ord. No. 2010-692, § 1, 12-7-10; Ord. No. 2011-116, § 1, 3-1-11; Ord. No. 2013-483, § 1, 8-20-13; Ord. No. 2014-432, § 1, 8-5-14; Ord. No. 2017-703, § 2, 8-1-17; Ord. No. 2018-699, § 1, 8-7-18; Ord. No. 2022-440, § 2, 7-5-22; Ord. No. 2023-794, § 2, 9-19-23)
Sec. 28-648. - Special uses.
Uses which may be allowed in the C-3 district by special permit in accordance with the provisions of section 28-121 et seq. are:
(1)
Airport or heliport, subject to approval of the Federal Aviation Administration.
(2)
Hospitals.
(3)
Excavation, mining and/or removal of any material, including, but not limited to, sand, soil and gravel, as an accessory use for the purpose of construction on the property or development of the property for a permitted use by right or by special permit, if (1) the amount of material being removed from the site is more than 125,000 cubic yards, or (2) the excavation and/or mining involving the removal of material is intended to construct a water body or lake as an accessory use and the area of the water body or lake exceeds ten percent of the total area of the lot or tract where it is being constructed; provided the excavation, mining and/or removal is conducted in accordance with all terms and conditions of the special use permit, the surface mining and excavation guidelines and all other applicable ordinances and codes of the city and meets the following conditions:
a.
The property on which the excavation, mining and/or removal operation is conducted is not located within 1,000 feet of 26 or more dwelling units, and
b.
Trucks used to transport excavated material from an excavation or mining operation site shall not be driven on a local or collector street that provides vehicular access to a residential subdivision containing 26 or more dwelling units.
(4)
Monopole and stealth antenna structures at any height for wireless communication system.
(5)
Drive-in theaters.
(6)
Cemeteries.
(7)
Contractors' shops.
(8)
Outdoor recreational uses, such as water slides, go-carts, batting cages, pools, stadiums, exhibitions, amusement parks, etc.
(9)
Recreational vehicle parks subject to chapter 15 of the Code.
(10)
Flea markets.
(11)
Schools; colleges and universities.
(12)
Kennels and stables.
(13)
Public utility; shops, yards, generation, storage and substations.
(14)
Residential quarters for caretakers and similar personnel.
(15)
Lattice antenna and guy wire antenna structure for wireless communication system if height does not exceed maximum height allowed by zoning district.
(16)
Reserved.
(17)
Transitional shelter II.
(18)
Shelters.
(19)
Halfway houses.
(20)
Crematory services as an accessory use to a commercial funeral home and subject to the provisions of section 28-926.
(Ord. No. 1987-3, §§ 8, 18, 2-17-87; Ord. No. 1987-24, §§ 1, 8, 12-21-87; Ord. No. 1987-64, § 1, 11-24-87; Ord. No. 1988-45, §§ 1, 11, 10-18-88; Ord. No. 1990-13, § 4, 4-17-90; Ord. No. 1990-61, § 13, 12-18-90; Ord. No. 1997-2, § 1(d), 2-4-97; Ord. No. 1997-30, § 1(i), (j), 7-1-97; Ord. No. 1998-53, § 1, 2-2-99; Ord. No. 2003-0383, § 1, 7-1-03; Ord. No. 2003-0405, § 1, 7-15-03; Ord. No. 2004-0332, § 1, 6-15-04; Ord. No. 2010-692, § 1, 12-7-10; Ord. No. 2011-117, § 1, 3-1-11; Ord. No. 2013-481, § 1, 8-20-13; Ord. No. 2013-483, § 1, 8-20-13; Ord. No. 2018-568, § 1, 6-5-18)
Sec. 28-649. - Lot area.
Except as otherwise provided in section 28-901, every lot in the C-3 district upon which a structure or use is erected, altered or maintained shall have:
(1)
All permitted uses. An area of not less than 20,000 square feet; and a minimum width of 100 feet.
(2)
Uses allowed by special permit. Same as for permitted uses, subject to the provisions of section 28-130.
(Ord. No. 1986-49, § 1(4.1704), 9-16-86)
Sec. 28-650. - Height restrictions.
Except as provided in section 28-903, no structure or use in the C-3 district shall be erected, altered or maintained which exceeds four stories or 60 feet in height.
(Ord. No. 1986-49, § 1(4.1705), 9-16-86)
Sec. 28-651. - Yard requirements.
Except as provided in section 28-904, no structure or use in the C-3 district shall be erected, altered or maintained unless the following yards are provided:
(1)
All permitted uses. A front yard of not less than ten feet and no minimum side or rear yard is required, except that:
a.
A side yard of not less than ten feet shall be required where the side yard is adjacent to a side street.
b.
Any rear or side yard abutting an R-3 or O district shall not be less than 15 feet.
c.
Any rear or side yard abutting an R-1 or R-2 district shall not be less than 25 feet.
d.
All side and rear yards shall be increased by one foot for each two feet, or fraction thereof, by which a principal structure exceeds 35 feet in height.
(2)
Uses allowed by special permit. Same as for permitted uses in subsection (1) of this section, subject to the provisions of section 28-130(b).
(Ord. No. 1986-49, § 1(4.1706), 9-16-86)
Sec. 28-652. - Additional regulations.
Uses in the C-3 district shall also comply with the following regulations:
(1)
Section 28-171 requiring review of development plans for all uses except single-family dwellings.
(2)
Chapter 9 regulating development in the escarpment zone.
(3)
Chapter 11 regulating development in floodplains.
(4)
A permit is required for all site work of property and for the construction or substantial alteration of a parking lot. "Substantial alteration" includes the adding of spaces or reconstruction of the parking lot area. Single-family residential uses shall be exempt from this requirement.
(Ord. No. 1986-49, § 1(4.1707), 9-16-86; Ord. No. 1998-82, § 1, 5-4-99)
Sec. 28-653. - Distance requirements.
(a)
A transitional shelter located in the C-3 district shall be located at least 500 feet from any lot used for a school, day care center, or another transitional shelter, community home II, shelter, or halfway house.
(b)
A shelter located in the C-3 district shall be located at least 500 feet from any lot used for a school, day care center, or another shelter, community home II, transitional shelter, or halfway house and shall be located at least 500 feet from property zoned R-1A or R-1B.
(c)
A halfway house located in the C-3 district shall be located at least 500 feet from any lot zoned residential and at least 1000 feet from any lot used for a school, day care center, or another halfway house, community home II, transitional shelter, or shelter.
(d)
A smoke shop located in the C-3 district shall be at least 500 feet from any lot used for a school, day care center, park, or any other smoke shop.
(Ord. No. 2004-0332, § 1, 6-15-04; Ord. No. 2018-699, § 1, 8-7-18)
Sec. 28-671.- Purpose.
The C-4 central commercial district is intended to provide for a wide variety of business, residential and civic activities within the central core area of the city region. The district regulations are designed to encourage a mix of functions, including retail, service, office and residential, to create and maintain vitality in the central area as a focus for the community, while recognizing the specific intense urban character of the core.
(Ord. No. 1986-49, § 1(4.1801), 9-16-86)
Sec. 28-672. - Permitted uses.
Permitted uses in the C-4 district are:
(1)
Townhouse dwellings.
(2)
Multiple-family dwellings.
(3)
Clinics and lab services, but not including veterinary clinics.
(4)
Financial institutions.
(5)
Clubs, lodges, fraternities and sororities where the chief activity is not a business.
(6)
Commercial and vocational schools.
(7)
Convalescent or rest homes.
(8)
Dressmaking, millinery, tailor shops, shoe repair shops and similar shops.
(9)
Child care facilities.
(10)
Office buildings.
(11)
Personal service shops.
(12)
Restaurants.
(13)
Retail sales excluding automobiles, trucks, farm machinery, construction machinery and equipment, agricultural and farm supplies and motorcycles.
(14)
Studios of artists, photographers, crafts and custom trades.
(15)
Hotels, motels and motor hotels.
(16)
Physical culture and health services, including gymnasiums and reducing salons.
(17)
Travel bureaus.
(18)
Repair and servicing of bicycles, radios, televisions, appliances, keys and similar consumer articles.
(19)
Indoor recreational facility.
(20)
Craft studios and custom trades, such as bookbinding, jewelry making and upholstering.
(21)
Public uses, such as parks, libraries, buildings and municipal zoos.
(22)
Schools including public and private schools, elementary and secondary schools, preschools, kindergartens, nursery schools and special schools, provided the use meets all setback, lot size and other development requirements applicable.
(23)
Houses of worship, convents, rectories, parsonages and parish houses.
(24)
Fire stations, police stations, artesian wells, pumping stations, lakes, boat docks, boathouses, water supply reservoirs, filter beds, water tanks, towers or standpipes and marinas.
(25)
Railroad rights-of-way, railroad tracks, bridges and signals.
(26)
Public utilities; poles, wires and transmission and/or distribution lines and other transmission and distributing appurtenances, but not including storage facilities, electrical energy production facilities, transformers or relay substations.
(27)
Commercial parking facilities.
(28)
Accessory signs subject to the provisions of article VIII of this chapter.
(29)
Other accessory uses subject to the provisions of section 28-926.
(30)
Alcoholic beverages, sale for off-premises consumption.
(31)
Alcoholic beverages, sale for on-premises consumption; provided the use is located in a structure which is at least 100 feet from a lot zoned R-1 or R-2.
(32)
Automotive and motor vehicle repair, service and gas sales.
(33)
Bakeries, retail.
(34)
Broadcasting stations, radio and TV.
(35)
Catering establishments.
(36)
Cleaning, dyeing, and laundry plants, commercial.
(37)
Home occupations subject to the provisions of section 28-928 and all other applicable provisions of this chapter.
(38)
Laundries, self-serve commercial.
(39)
Office and business equipment sales offices.
(40)
Equipment rental (small domestic).
(41)
Photostating and copy services.
(42)
Printing, blueprinting, binding, publishing, lithographing, and engraving.
(43)
Indoor amusement facility.
(44)
Religious, philanthropic and educational institutions, museums.
(45)
Restaurants, retail sales, or personal, automobile or financial services providing goods or services directly to customers in motor vehicles outside of an enclosed structure.
(46)
Theaters (not drive-in).
(47)
Commercial funeral home.
(48)
Parcel and package delivery and express services.
(49)
Wholesale buying clubs.
(50)
Auto, retail gas sales, only with convenience stores.
(51)
Accessory off-street parking and loading facilities, but such use shall not be subject to the provisions of article VII of this chapter.
(52)
Any residential use utilizing any floor or floors other than the ground floor.
(53)
Any residential use combined with any other use that is allowed in this district, providing that the residential use is intended for occupancy by the proprietor or employees of the respective business or use with which it is combined, (i.e., artist studio, guard quarters, etc.).
(54)
Licensed group homes.
(55)
Micro-breweries.
(56)
Bed and breakfast inn provided that a bed and breakfast facility license has been issued in accordance with chapter 13 of this Code.
(57)
Wireless communication system antennas on alternate independent support structures.
(58)
Reserved.
(59)
Retail sales exclusively outside an enclosed building, provided that a private open air vending permit has been issued in accordance with Chapter 13 of this Code for such use.
(60)
Adult day care facilities.
(61)
Small packaging and shipping services.
(62)
Enclosed outside storage subject to the provisions of section 28-926.
(63)
Mortuary services as an accessory use to a commercial funeral home and subject to the provisions of section 28-926.
(64)
Excavation, mining and/or removal of material limited to sand, soil or gravel, as an accessory use for the purpose of construction on the property or development of the property for a permitted use by right or by special permit; provided the excavation, mining and/or removal of material meet the following:
a.
The amount of material being removed from the site is not more than 125,000 cubic yards;
b.
A site grading permit is issued meeting all requirements of article III, division 3 of this chapter for a period of time that is specified in the site grading permit which period of time shall be reasonable for the amount of work that is being done as part of the construction on the property or development of the property for a permitted use, as determined by the building official; and
c.
If excavation, mining and/or removal of material is intended to create a water body or lake as an accessory use, the area of the water body or lake cannot exceed ten percent of the total area of the tract or lot where it is being constructed. This applies to the parent tract or lot and further division of the parent tract or lot will not permit additional water bodies or lake to exceed ten percent of the total area of the parent tract or lot.
(65)
Reserved.
(66)
Farmers' markets (except on lots containing only single-family uses) provided that a farmers' market permit has been issued in accordance with chapter 13 of this Code.
(67)
Sale of alcohol for off-premise consumption provided that such use occurs at a permitted farmers' market.
(68)
Community gardens provided that a community garden permit has been issued in accordance with chapter 13 of this Code (unless such permit is not required under chapter 13 of this Code).
(69)
Temporary commercial parking facility.
(70)
Bed and breakfast homestay establishment provided that a bed and breakfast facility license has been issued in accordance with chapter 13 of this Code.
(71)
Short-term rental type I provided that a short-term rental facility license has been issued in accordance with chapter 13 of this Code, and such use is in a mixed use building or adaptive reuse of an existing building.
(72)
Short-term rental type II provided that a short-term rental facility license has been issued in accordance with chapter 13 of this Code, and such use is in a mixed use building or adaptive reuse of an existing building.
(73)
Short-term rental type III provided that a short-term rental facility license has been issued in accordance with chapter 13 of this Code.
(74)
Smoke shop.
(75)
Live/work unit.
(76)
House Museum.
(77)
Agricultural operations.
(Ord. No. 1986-49, § 1(4.1802), 9-16-86; Ord. No. 1987-3, § 9, 2-17-87; Ord. No. 1987-24, §§ 3, 12, 15, 16, 20, 12-21-87; Ord. No. 1987-58, § 9, 10-27-87; Ord. No. 1988-45, § 10, 10-18-88; Ord. No. 1990-13, §§ 2, 3, 4-17-90; Ord. No. 1990-61, §§ 6, 8, 12, 15, 16, 12-18-90; Ord. No. 1995-3, § 2, 3-7-95; Ord. No. 1997-2, § 1(d), 2-4-97; Ord. No. 1997-25A, § 1, 6-17-97; Ord. No. 1997-30, § 1(h), 7-1-97; Ord. No. 2003-0383, § 1, 7-1-03; Ord. No. 2004-0122, § 1, 4-6-04; Ord. No. 2005-287, § 2, 5-3-05; Ord. No. 2005-437, § 2, 8-2-05; Ord. No. 2007-290, § 3, 5-1-07; Ord. No. 2010-131, § 1, 3-2-10; Ord. No. 2010-692, § 1, 12-7-10; Ord. No. 2010-693, § 1, 12-7-10; Ord. No. 2011-116, § 1, 3-1-11; Ord. No. 2013-483, § 1, 8-20-13; Ord. No. 2014-432, § 1, 8-5-14; Ord. No. 2017-703, § 2, 8-1-17; Ord. No. 2018-699, § 1, 8-7-18; Ord. No. 2018-907, § 1, 10-2-18; Ord. No. 2022-440, § 2, 7-5-22; Ord. No. 2023-794, § 2, 9-19-23)
Sec. 28-673. - Special uses.
Uses which may be allowed in the C-4 district by special permit in accordance with the provisions of section 28-121 et seq. are:
(1)
Airport or heliport, subject to approval of the Federal Aviation Administration.
(2)
Hospitals.
(3)
Monopole and stealth antenna structures at any height for wireless communication system.
(4)
Cemeteries.
(5)
Nurseries or greenhouses, retail.
(6)
Flea markets.
(7)
Schools; colleges and universities.
(8)
Carpet cleaning.
(9)
Public utilities; shops, yards, generation, storage and substations.
(10)
Veterinarian clinics (no outside kennel).
(11)
Reserved.
(12)
Vocational rehabilitation.
(13)
Wholesale sales and distribution.
(14)
Lattice antenna and guy wire antenna structures for wireless communication system if at a height of 90 feet or less.
(15)
Reserved.
(16)
Transitional shelter II.
(17)
Shelters.
(18)
Excavation, mining and/or removal of any material, including, but not limited to, sand, soil and gravel, as an accessory use for the purpose of construction on the property or development of the property for a permitted use by right or by special permit, if (1) the amount of material being removed from the site is more than 125,000 cubic yards, or (2) the excavation and/or mining involving the removal of material is intended to construct a water body or lake as an accessory use and the area of the water body or lake exceeds ten percent of the total area of the lot or tract where it is being constructed; provided the excavation, mining and/or removal is conducted in accordance with all terms and conditions of the special use permit, the surface mining and excavation guidelines and all other applicable ordinances and codes of the city and meets the following conditions:
a.
The property on which the excavation, mining and/or removal operation is conducted is not located within 1,000 feet of 26 or more dwelling units, and
b.
Trucks used to transport excavated material from an excavation or mining operation site shall not be driven on a local or collector street that provides vehicular access to a residential subdivision containing 26 or more dwelling units.
(19)
Self-storage warehouses in an enclosed, climate-controlled structure.
(20)
Crematory services as an accessory use to a commercial funeral home and subject to the provisions of section 28-926.
(Ord. No. 1986-49, § 1(4.1803), 9-16-86; Ord. No. 1987-24, § 1, 12-21-87; Ord. No. 1987-58, § 8, 10-27-87; Ord. No. 1988-45, § 1, 10-18-88; Ord. No. 1989-33, § 1, 8-15-89; Ord. No. 1990-13, § 4, 4-17-90; Ord. No. 1997-2, § 1(d), 2-4-97; Ord. No. 1997-30, § 1(i), (k), 7-1-97; Ord. No. 1998-53, § 1, 2-2-99; Ord. No. 2003-0383, § 1, 7-1-03; Ord. No. 2003-0405, § 1, 7-15-03; Ord. No. 2004-0332, § 1, 6-15-04; Ord. No. 2010-692, § 1, 12-7-10; Ord. No. 2013-481, § 1, 8-20-13; Ord. No. 2013-483, § 1, 8-20-13; Ord. No. 2015-283, § 1, 5-5-15; Ord. No. 2018-568, § 1, 6-5-18)
Sec. 28-674. - Lot area.
There shall be no minimum lot area or width required in the C-4 district.
(Ord. No. 1986-49, § 1(4.1804), 9-16-86)
Sec. 28-675. - Height restrictions.
There shall be no height limit in the C-4 district.
(Ord. No. 1986-49, § 1(4.1805), 9-16-86)
Sec. 28-676. - Yard requirements.
There shall be no minimum yard requirements in the C-4 district, except that:
(1)
Any rear or side yard abutting an R-3 or O district shall not be less than 15 feet.
(2)
Any rear or side yard abutting an R-1 or R-2 district shall not be less than 25 feet.
(3)
Provisions applicable under section 28-904 will apply.
(4)
The required side or rear yard adjacent to a lot in an R-1A, R-1B or R-1C district shall be increased by one foot for each two feet, or fraction thereof, by which the principal structure exceeds 25 feet in height.
(Ord. No. 1986-49, § 1(4.1806), 9-16-86; Ord. No. 1987-24, § 5, 12-21-87)
Sec. 28-677. - Additional regulations.
Uses in the C-4 district shall also comply with the following regulations:
(1)
Section 28-171 requiring review of development plans for all uses.
(2)
Chapter 9 regulating development in the escarpment zone.
(3)
Chapter 11 regulating development in floodplains.
(4)
A permit is required for all site work of property and for the construction or substantial alteration of a parking lot. "Substantial alteration" includes the adding of spaces or reconstruction of the parking lot area. Single-family residential uses shall be exempt from this requirement.
(Ord. No. 1986-49, § 1(4.1807), 9-16-86; Ord. No. 1998-82, § 1, 5-4-99)
Sec. 28-678. - Distance requirements.
(a)
A transitional shelter located in the C-4 district shall be located at least 500 feet from any lot used for a school, day care center, or another transitional shelter, community home II, shelter, or halfway house.
(b)
A shelter located in the C-4 district shall be located at least 500 feet from any lot used for a school, day care center, or another shelter, community home II, transitional shelter, or halfway house and shall be located at least 500 feet from property zoned R-1A or R-1B.
(c)
A smoke shop located in the C-4 district shall be at least 500 feet from any lot used for a school, day care center, park, or any other smoke shop.
(Ord. No. 2004-0332, § 1, 6-15-04; Ord. No. 2018-699, § 1, 8-7-18)
Sec. 28-696.- Purpose.
The C-5 service commercial district is intended to provide for commercial and industrial uses of a service character in locations adjacent to the commercial core area and in central locations along major thoroughfares having a high degree of accessibility.
(Ord. No. 1986-49, § 1(4.1901), 9-16-86)
Sec. 28-697. - Permitted uses.
Permitted uses in the C-5 district are:
(1)
Financial institutions.
(2)
Clinics and lab services (not veterinary).
(3)
Motels, hotels and motor hotels (and attached restaurant).
(4)
Theaters, but not drive-in.
(5)
Clubs, lodges, where the chief activity is not a business.
(6)
Commercial and vocational schools.
(7)
Dressmaking, millinery, tailor shops, shoe repair shops and similar shops.
(8)
Office buildings.
(9)
Personal service shops.
(10)
Restaurants.
(11)
Retail sales.
(12)
Studios of artists, photographers, crafts and custom trades.
(13)
Physical culture and health services including gymnasiums and reducing salons.
(14)
Travel bureaus.
(15)
Repair and servicing of bicycles, radios, televisions, appliances, keys and similar consumer articles.
(16)
Commercial funeral home.
(17)
Repair and servicing of automobiles and other passenger vehicles; provided, that all repair and servicing other than refueling is conducted within an enclosed structure.
(18)
Automobile carwashing establishments.
(19)
Indoor recreational facility.
(20)
Self-storage warehouses.
(21)
Veterinary clinics (no outside kennels).
(22)
Blueprint and photostating services.
(23)
Lithographing, engraving, printing and publishing.
(24)
Warehouse storage, wholly within a building, of nonhazardous materials, products and equipment.
(25)
Catering establishments.
(26)
Dry-cleaning, and dyeing plants and commercial laundries.
(27)
Radio and television broadcasting stations.
(28)
Contractors' shops.
(29)
Air-conditioning, heating, plumbing and roofing sales and service.
(30)
Equipment rental services.
(31)
Beverage bottling and distribution.
(32)
Bakeries (wholesale and retail).
(33)
Wholesale sales and distribution.
(34)
Indoor amusement facility.
(35)
Craft studios and custom trades such as bookbinding, jewelry making and upholstering.
(36)
Commercial parking facilities.
(37)
Public uses, such as parks, libraries, buildings and municipal zoos.
(38)
Fire stations, police stations, artesian wells, pumping stations, lakes, boat docks, boathouses, water supply reservoirs, filter beds, water tanks, towers or standpipes and marinas.
(39)
Railroad rights-of-way, railroad tracks, bridges and signals.
(40)
Public utilities; poles, wires and transmission and/or distribution lines and other transmission and distributing appurtenances, but not including storage facilities, electrical energy production facilities, transformers or relay substations.
(41)
Accessory off-street parking and loading facilities subject to the provisions of article VII of this chapter.
(42)
Accessory signs subject to the provisions of article VIII of this chapter.
(43)
Other accessory uses subject to the provisions of section 28-926.
(44)
Alcoholic beverages, sale for off-premises consumption.
(45)
Auto, retail fuel sales.
(46)
Auto, boat and recreation vehicles, sale, rental, parts, repair and storage (new and used, but not including wrecking yards).
(47)
Building materials, retail.
(48)
Churches and rectories.
(49)
Golf driving ranges and miniature golf.
(50)
Laundries (self-serve commercial).
(51)
HUD-Code manufactured homes sales.
(52)
Nurseries or greenhouses (retail and wholesale).
(53)
Office and business equipment sales office.
(54)
Plumbing sales and service.
(55)
Religious, philanthropic and educational institutions, museums.
(56)
Rental of heavy equipment and machinery.
(57)
Restaurants, retail sales, or personal, automobile or financial services providing goods or services directly to customers in motor vehicles outside of an enclosed structure.
(58)
Roofing sales and services.
(59)
Schools including private or public schools, elementary and secondary schools, preschools, kindergartens, nursery schools and special schools, provided the use meets all setback, lot size and other development requirements applicable.
(60)
Theaters, drive-in.
(61)
Assembly plants.
(62)
Carpet cleaning.
(63)
Ceramic products.
(64)
Cold storage or refrigerating plants.
(65)
Compounding of cosmetics, toiletries, drugs, pharmaceuticals.
(66)
Electric parts, manufacturing and assembly.
(67)
Garment manufacturing.
(68)
Gas (bottled) sales and service.
(69)
Iron works, ornamental.
(70)
Jewelry manufacturing.
(71)
Kennels and stables.
(72)
Laboratories, research.
(73)
Leather products manufacturing.
(74)
Lumberyards.
(75)
Machinery (heavy; storage, rental, sales, repair).
(76)
Manufacture of medical, dental, drafting and optical equipment.
(77)
Manufacture of musical instruments, watches and toys.
(78)
Manufacture of products from fabricated parts.
(79)
Millwork and cabinetmaking.
(80)
Motor freight and truck service terminals.
(81)
Screened open storage.
(82)
Parcel and package delivery and express services.
(83)
Public utilities; shops, yards, generation, storage and substations.
(84)
Railroad depots; passenger, freight and fueling.
(85)
Sheet metal products (light).
(86)
Sign-painting shops.
(87)
Stone monument manufacturing and engraving.
(88)
Tire retreading, recapping or rebuilding.
(89)
Tool and machinery manufacturing.
(90)
Water distillation.
(91)
Welding shops.
(92)
Well drilling shops.
(93)
Wholesale buying clubs.
(94)
Wood product manufacturing.
(95)
Alcoholic beverages, sale for on-premises consumption; provided the use is located in a structure which is at least 100 feet from a lot zoned R-1 or R-2.
(96)
Home occupation in nonconforming residential uses subject to the provisions of section 28-928 and all other applicable provisions of this chapter.
(97)
Licensed group home.
(98)
Child care facilities.
(99)
Golf courses, but not miniature courses or driving ranges.
(100)
Sale of beer for on-premise consumption, provided that such use is located on a public golf course.
(101)
Bed and breakfast inn provided that a bed and breakfast facility license has been issued in accordance with chapter 13 of this Code.
(102)
Wireless communication system antennas on alternate independent support structures.
(103)
Monopole, lattice, and guy wire antenna structure not to exceed 199 feet in height for wireless communication systems.
(104)
Monopole, lattice, guy wire, and stealth antenna structure not to exceed 199 feet in height for wireless communication system.
(105)
Retail sales exclusively outside an enclosed building, provided that a private open air vending permit has been issued in accordance with Chapter 13 of this Code for such use.
(106)
Adult day care facilities.
(107)
Small packaging and shipping services.
(108)
Enclosed outside storage subject to the provisions of section 28-926.
(109)
Outside display subject to the provisions of section 28-926.
(110)
Mortuary services.
(111)
Excavation, mining and/or removal of material limited to sand, soil or gravel, as an accessory use for the purpose of construction on the property or development of the property for a permitted use by right or by special permit; provided the excavation, mining and/or removal of material meet the following:
a.
The amount of material being removed from the site is not more than 125,000 cubic yards;
b.
A site grading permit is issued meeting all requirements of article III, division 3 of this chapter for a period of time that is specified in the site grading permit which period of time shall be reasonable for the amount of work that is being done as part of the construction on the property or development of the property for a permitted use, as determined by the building official; and
c.
If excavation, mining and/or removal of material is intended to create a water body or lake as an accessory use, the area of the water body or lake cannot exceed ten percent of the total area of the tract or lot where it is being constructed. This applies to the parent tract or lot and further division of the parent tract or lot will not permit additional water bodies or lake to exceed ten percent of the total area of the parent tract or lot.
(112)
Farmers' markets (except on lots containing only single-family uses) provided that a farmers' market permit has been issued in accordance with chapter 13 of this Code.
(113)
Sale of alcohol for off-premise consumption provided that such use occurs at a permitted farmers' market.
(114)
Community gardens provided that a community garden permit has been issued in accordance with chapter 13 of this Code (unless such permit is not required under chapter 13 of this Code).
(115)
Smoke shop.
(116)
House Museum.
(117)
Agricultural operations.
(Ord. No. 1986-49, § 1(4.1902), 9-16-86; Ord. No. 1987-24, §§ 4, 7, 12, 17, 18, 20, 12-21-87; Ord. No. 1987-58, § 9, 10-27-87; Ord. No. 1988-45, § 12, 10-18-88; Ord. No. 1990-13, §§ 2, 3, 4-17-90; Ord. No. 1990-61, §§ 6, 9, 14—16, 12-18-90; Ord. No. 1992-35, § 5, 10-6-92; Ord. No. 1996-3, §§ 3, 4, 2-20-96; Ord. No. 1997-2, § 1(d), 2-4-97; Ord. No. 1997-25A, § 1, 6-17-97; Ord. No. 1997-30, § 1(h), 7-1-97; Ord. No. 2001-48, § 1, 4-3-01; Ord. No. 2003-0383, § 1, 7-1-03; Ord. No. 2003-0405, § 1, 7-15-03; Ord. No. 2004-0122, § 1, 4-6-04; Ord. No. 2005-287, § 2, 5-3-05; Ord. No. 2005-437, § 2, 8-2-05; Ord. No. 2007-290, § 3, 5-1-07; Ord. No. 2010-131, § 1, 3-2-10; Ord. No. 2010-692, § 1, 12-7-10; Ord. No. 2011-116, § 1, 3-1-11; Ord. No. 2013-483, § 1, 8-20-13; Ord. No. 2017-703, § 2, 8-1-17; Ord. No. 2018-699, § 1, 8-7-18; Ord. No. 2022-440, § 2, 7-5-22; Ord. No. 2023-794, § 2, 9-19-23)
Sec. 28-698. - Special uses.
Uses which may be allowed in the C-5 district by special permit in accordance with the provisions of section 28-121 et seq. are:
(1)
Airport or heliport, subject to approval of the Federal Aviation Administration.
(2)
Hospitals.
(3)
Outdoor recreational and amusement facility.
(4)
Excavation, mining and/or removal of any material, including, but not limited to, sand, soil and gravel, as an accessory use for the purpose of construction on the property or development of the property for a permitted use by right or by special permit, if (1) the amount of material being removed from the site is more than 125,000 cubic yards, or (2) the excavation and/or mining involving the removal of material is intended to construct a water body or lake as an accessory use and the area of the water body or lake exceeds ten percent of the total area of the lot or tract where it is being constructed; provided the excavation, mining and/or removal is conducted in accordance with all terms and conditions of the special use permit, the surface mining and excavation guidelines and all other applicable ordinances and codes of the city and meets the following conditions:
a.
The property on which the excavation, mining and/or removal operation is conducted is not located within 1,000 feet of 26 or more dwelling units, and
b.
Trucks used to transport excavated material from an excavation or mining operation site shall not be driven on a local or collector street that provides vehicular access to a residential subdivision containing 26 or more dwelling units.
(5)
Monopole, lattice, guy wire, and stealth antenna structures for wireless communication system if height exceeds 199 feet.
(6)
Drive-in theaters.
(7)
Cemeteries.
(8)
Recreational vehicle parks subject to chapter 15 of the Code.
(9)
Flea markets.
(10)
Residential quarters for caretakers and similar personnel.
(11)
Vocational rehabilitation.
(12)
Reserved.
(13)
Transitional shelter II.
(14)
Shelters.
(15)
Halfway houses.
(16)
Crematory services as an accessory use to a commercial funeral home and subject to the provisions of section 28-926.
(Ord. No. 1986-49, § 1(4.1903), 9-16-86; Ord. No. 1987-3, §§ 8, 18, 2-17-87; Ord. No. 1987-24, §§ 1, 8, 12-21-87; Ord. No. 1987-64, § 1, 11-24-87; Ord. No. 1988-45, §§ 1, 11, 10-18-88; Ord. No. 1990-13, § 4, 4-17-90; Ord. No. 1990-61, § 13, 12-18-90; Ord. No. 1997-2, § 1(d), 2-4-97; Ord. No. 1997-30, § 1(i), (j), 7-1-97; Ord. No. 1998-53, § 1, 2-2-99; Ord. No. 2001-48, § 1, 4-3-01; Ord. No. 2003-0383, § 1, 7-1-03; Ord. No. 2003-0405, § 1, 7-15-03; Ord. No. 2004-0332, § 1, 6-15-04; Ord. No. 2005-287, § 2, 5-3-05; Ord. No. 2010-692, § 1, 12-7-10; Ord. No. 2011-117, § 1, 3-1-11; Ord. No. 2013-481, § 1, 8-20-13; Ord. No. 2013-483, § 1, 8-20-13; Ord. No. 2018-568, § 1, 6-5-18)
Sec. 28-699. - Lot area.
Except as otherwise provided in section 28-901, every lot in the C-5 district upon which a structure or use is erected, altered or maintained shall have:
(1)
All permitted uses. An area of not less than 5,000 square feet; and a minimum width of 50 feet.
(2)
Uses allowed by special permit. Same as for permitted uses, subject to the provisions of section 28-130.
(Ord. No. 1986-49, § 1(4.1904), 9-16-86)
Sec. 28-700. - Height restrictions.
Except as provided in section 28-903, no structure or use in the C-5 district shall be erected, altered or maintained which exceeds four stories or 60 feet in height.
(Ord. No. 1986-49, § 1(4.1905), 9-16-86)
Sec. 28-701. - Yard requirements.
Except as provided in section 28-904, no structure or use in the C-5 district shall be erected, altered or maintained unless the following yards are provided:
(1)
All permitted uses. A front yard of not less than ten feet; and no minimum side or rear yard is required, except that:
a.
A side yard of not less than ten feet shall be required where the side yard is adjacent to a side street or as provided in section 28-904(f).
b.
Any rear or side yard abutting an R-3 or O district shall not be less than 15 feet.
c.
Any rear or side yard abutting an R-1 or R-2 district shall not be less than 25 feet.
d.
The required side or rear yard shall be increased by one foot for each two feet, or fraction thereof, by which the principal structure exceeds 35 feet in height.
(2)
Uses allowed by special permit. Same as for permitted uses in subsection (1) of this section, subject to the provisions of section 28-130.
(Ord. No. 1986-49, § 1(4.1906), 9-16-86)
Sec. 28-702. - Additional regulations.
Uses in the C-5 district shall also comply with the following regulations:
(1)
Section 28-171 requiring review of development plans for all uses except single-family dwellings.
(2)
Chapter 9 regulating development in the escarpment zone.
(3)
Chapter 11 regulating development in floodplains.
(4)
Open storage shall be entirely screened from view to a height of eight feet.
(5)
A permit is required for all site work of property and for the construction or substantial alteration of a parking lot. "Substantial alteration" includes the adding of spaces or reconstruction of the parking lot area. Single-family residential uses shall be exempt from this requirement.
(Ord. No. 1986-49, § 1(4.1907), 9-16-86; Ord. No. 1998-82, § 1, 5-4-99; Ord. No. 2005-437, § 2, 8-2-05)
Sec. 28-703. - Distance requirements.
(a)
A transitional shelter located in the C-5 district shall be located at least 500 feet from any lot used for a school, day care center, or another transitional shelter, community home II, shelter, or halfway house.
(b)
A shelter located in the C-5 district shall be located at least 500 feet from any lot used for a school, day care center, or another shelter, community home II, transitional shelter, or halfway house and shall be located at least 500 feet from property zoned R-1A or R-1B.
(c)
A halfway house located in the C-5 district shall be located at least 500 feet from any lot zoned residential and at least 1,000 feet from any lot used for a school, day care center, or another halfway house, community home II, transitional shelter, or shelter.
(d)
A smoke shop located in the C-5 district shall be at least 500 feet from any lot used for a school, day care center, park or, any other smoke shop.
(Ord. No. 2004-0332, § 1, 6-15-04; Ord. No. 2018-699, § 1, 8-7-18)
Sec. 28-721.- Purpose.
The M-1 office and restricted industrial district is intended to provide for innovative, well-designed development of office and nuisance-free research and industrial uses in a modern working environment. The lot area, height and yard standards are designed to encourage a spacious character of development on large sites capable of providing space for appropriate access, internal circulation and relationship to adjoining uses.
(Ord. No. 1986-49, § 1(4.2001), 9-16-86)
Sec. 28-722. - Permitted uses.
Permitted uses in the M-1 district are:
(1)
Offices.
(2)
Sales offices for business and office equipment, including incidental repairs, service and storage.
(3)
Wholesale sales and distribution.
(4)
Research laboratories, including the testing of products, but not including the manufacturing of products except as incidental to the research and testing of products.
(5)
Craft and custom trades, such as bookbinding, jewelry manufacturing and upholstering.
(6)
Blueprint and photostating and copy services.
(7)
Lithographing, engraving, printing and publishing.
(8)
Catering establishments.
(9)
Radio and television broadcasting stations.
(10)
Beverage bottling and distribution.
(11)
Wholesale bakeries.
(12)
Indoor recreational facility.
(13)
Manufacturing of medical and dental equipment, drafting, optical and musical instruments; watches, clocks, toys and games; electrical or electronic apparatus and equipment from previously fabricated parts.
(14)
Compounding of cosmetics, toiletries, drugs and pharmaceutical products.
(15)
Public uses, such as parks, buildings and municipal zoos, but not including libraries.
(16)
Fire stations, police stations, artesian wells, pumping stations, lakes, boat docks, boathouses, water supply reservoirs, filter beds, water tanks, towers or standpipes, and marinas.
(17)
Railroad rights-of-way, railroad tracks, bridges and signals.
(18)
Public utilities; poles, wires and transmission and/or distribution lines and other transmission and distributing appurtenances, but not including storage facilities, electrical energy production facilities, transformers or relay substations.
(19)
Accessory off-street and loading facilities subject to the provisions of article VII of this chapter.
(20)
Accessory signs subject to the provisions of article VIII of this chapter.
(21)
Other accessory uses subject to the provisions of section 28-926.
(22)
Religious, philanthropic and educational institutions, museums.
(23)
Assembly plants.
(24)
Ceramic products.
(25)
Cold storage or refrigerating plants.
(26)
Confectionery manufacturing.
(27)
Dairy products, processing and manufacturing.
(28)
Electric parts manufacturing and assembly.
(29)
Fiber products manufacturing.
(30)
Food products manufacturing/cannery.
(31)
Foundry casting, lightweight nonferrous metals.
(32)
Furniture manufacturing.
(33)
Garment manufacturing.
(34)
Gas (bottled) sales and service.
(35)
Glass products manufacturing.
(36)
Ironworks, ornamental.
(37)
Leather products manufacturing.
(38)
Paper products manufacturing.
(39)
Plastic products manufacturing.
(40)
Textile products manufacturing.
(41)
Tool and machinery manufacturing.
(42)
Well-drilling shops.
(43)
Wood products manufacturing.
(44)
Manufacturing or assembly of goods from previously processed or fabricated materials; provided, that there shall be no storage of hazardous materials and that such use shall not emit any vibration, noise, dust, glare, heat, smoke or odor which is detectable beyond the lot on which the use is located.
(45)
Home occupation in nonconforming residential uses subject to the provisions of section 28-928 and all other applicable provisions of this chapter.
(46)
Licensed group home.
(47)
Schools including private or public schools, elementary and secondary schools, preschools, kindergartens, nursery schools and special schools, provided the use meets all setback, lot size and other development requirements applicable.
(48)
Commercial and vocational schools.
(49)
Child care facilities.
(50)
Wireless communication system antennas on alternate independent support structures.
(51)
Monopole and stealth antenna structure for wireless communication system if height does not exceed maximum height allowed by zoning district.
(52)
Adult day care facilities.
(53)
Enclosed outside storage subject to the provisions of section 28-926.
(54)
Excavation, mining and/or removal of material limited to sand, soil or gravel, as an accessory use for the purpose of construction on the property or development of the property for a permitted use by right or by special permit; provided the excavation, mining and/or removal of material meet the following:
a.
The amount of material being removed from the site is not more than 125,000 cubic yards;
b.
A site grading permit is issued meeting all requirements of article III, division 3 of this chapter for a period of time that is specified in the site grading permit which period of time shall be reasonable for the amount of work that is being done as part of the construction on the property or development of the property for a permitted use, as determined by the building official; and
c.
If excavation, mining and/or removal of material is intended to create a water body or lake as an accessory use, the area of the water body or lake cannot exceed ten percent of the total area of the tract or lot where it is being constructed. This applies to the parent tract or lot and further division of the parent tract or lot will not permit additional water bodies or lake to exceed ten percent of the total area of the parent tract or lot.
(55)
Farmers' markets (except on lots containing only single-family uses) provided that a farmers' market permit has been issued in accordance with chapter 13 of this Code.
(56)
Sale of alcohol for off-premise consumption provided that such use occurs at a permitted farmers' market.
(57)
Community gardens provided that a community garden permit has been issued in accordance with chapter 13 of this Code (unless such permit is not required under chapter 13 of this Code).
(58)
Agricultural operations.
(Ord. No. 1986-49, § 1(4.2002), 9-16-86; Ord. No. 1987-24, § 13, 12-21-87; Ord. No. 1988-45, § 12, 10-18-88; Ord. No. 1990-61, §§ 7, 14, 15, 17, 12-18-90; Ord. No. 1997-25A, § 1, 6-17-97; Ord. No. 1997-30, § 1(l), (m), 7-1-97; Ord. No. 2003-0405, § 1, 7-15-03; Ord. No. 2005-287, § 2, 5-3-05; Ord. No. 2005-437, § 2, 8-2-05; Ord. No. 2010-692, § 1, 12-7-10; Ord. No. 2011-116, § 1, 3-1-11; Ord. No. 2013-483, § 1, 8-20-13; Ord. No. 2023-794, § 2, 9-19-23)
Sec. 28-723. - Special uses.
Uses which may be allowed in the M-1 district by special permit in accordance with the provisions of section 28-121 et seq. are:
(1)
Airport or heliport, subject to approval of the Federal Aviation Administration.
(2)
Hotels, motels, or motor hotels (and attached restaurants).
(3)
Physical culture and health services including gymnasiums and reducing salons.
(4)
Monopole and stealth antenna structure for wireless communication system if height exceeds height allowed by zoning district.
(5)
Hospitals.
(6)
Public utilities; shops, yards, generation, storage and substations.
(7)
Warehouse storage.
(8)
Residential quarters for caretakers and similar personnel.
(9)
Vocational rehabilitation.
(10)
Excavation, mining and/or removal of any material, including, but not limited to, sand, soil and gravel, as an accessory use for the purpose of construction on the property or development of the property for a permitted use by right or by special permit, if (1) the amount of material being removed from the site is more than 125,000 cubic yards, or (2) the excavation and/or mining involving the removal of material is intended to construct a water body or lake as an accessory use and the area of the water body or lake exceeds ten percent of the total area of the lot or tract where it is being constructed; provided the excavation, mining and/or removal is conducted in accordance with all terms and conditions of the special use permit, the surface mining and excavation guidelines and all other applicable ordinances and codes of the city and meets the following conditions:
a.
The property on which the excavation, mining and/or removal operation is conducted is not located within 1,000 feet of 26 or more dwelling units, and
b.
Trucks used to transport excavated material from an excavation or mining operation site shall not be driven on a local or collector street that provides vehicular access to a residential subdivision containing 26 or more dwelling units.
(11)
Lattice antenna and guy wire antenna structure for wireless communication system if height does not exceed the maximum height allowed by zoning district.
(Ord. No. 1986-49, § 1(4.2003), 9-16-86; Ord. No. 1987-3, §§ 8, 18, 2-17-87; Ord. No. 1987-24, § 1, 12-21-87; Ord. No. 1987-64, § 1, 11-24-87; Ord. No. 1988-45, § 11, 1-18-88; Ord. No. 1990-61, § 13, 12-18-90; Ord. No. 1997-30, § 1(n), (o), 7-1-97; Ord. No. 1998-53, § 1, 2-2-99; Ord. No. 2003-0405, § 1, 7-15-03; Ord. No. 2010-692, § 1, 12-7-10; Ord. No. 2013-483, § 1, 8-20-13)
Sec. 28-724. - Lot area.
Except as otherwise provided in section 28-901, every lot in the M-1 district upon which a structure or use is erected, altered or maintained shall have:
(1)
All permitted uses. An area of not less than 40,000 square feet; and a minimum width of 200 feet.
(2)
Uses allowed by special permit. Same as for permitted uses, subject to the provisions of section 28-130.
(Ord. No. 1986-49, § 1(4.2004), 9-16-86)
Sec. 28-725. - Height restrictions.
Except as provided in section 28-903, no structure or use in the M-1 district shall be erected, altered or maintained which exceeds three stories or 45 feet in height for a lot of less than 200,000 square feet in area; or eight stories or 120 feet in height for a lot of more than 200,000 square feet.
(Ord. No. 1986-49, § 1(4.2005), 9-16-86)
Sec. 28-726. - Yard requirements.
Except as provided in section 28-904, no structure or use in the M-1 district shall be erected, altered or maintained unless the following yards are provided:
(1)
All permitted uses. A front yard of not less than 35 feet; two side yards of not less than 15 feet each; and a rear yard of not less than 35 feet, except that a side yard abutting a lot in an R or O district shall not be less than 25 feet. All required yards shall be increased by one foot for each two feet, or fraction thereof, by which a principal structure exceeds 45 feet in height.
(2)
Uses allowed by special permit. Same as for permitted uses in subsection (1) of this section, subject to the provisions of section 28-130.
(Ord. No. 1986-49, § 1(4.2006), 9-16-86)
Sec. 28-727. - Additional regulations.
Uses in the M-1 district shall also comply with the following regulations:
(1)
All permitted uses shall be conducted within an entirely enclosed structure except for permitted accessory signs and off-street parking and loading facilities.
(2)
All off-street loading facilities and off-street parking facilities used for the overnight storage of trucks or delivery vehicles shall be completely screened from view of any public right-of-way or any lot located in an R district.
(3)
Section 28-171 requiring review of development plans for all uses except single-family dwellings.
(4)
Chapter 9 regulating development in the escarpment zone.
(5)
Chapter 11 regulating development in floodplains.
(6)
A permit is required for all site work of property and for the construction or substantial alteration of a parking lot. "Substantial alteration" includes the adding of spaces or reconstruction of the parking lot area. Single-family residential uses shall be exempt from this requirement.
(Ord. No. 1986-49, § 1(4.2007), 9-16-86; Ord. No. 1998-82, § 1, 5-4-99)
Sec. 28-746.- Purpose.
The M-2 light industrial district is intended to provide for a wide variety of nuisance-free industrial uses and compatible related uses. The area, height, yard and other site requirements are designed to maintain long-term quality and economic vitality of development, and to encourage a compatible relationship with adjacent uses.
(Ord. No. 1986-49, § 1(4.2101), 9-16-86)
Sec. 28-747. - Permitted uses.
Permitted uses in the M-2 district are:
(1)
Offices.
(2)
Wholesale sales and distribution.
(3)
Warehouse storage.
(4)
Research laboratories, including the testing of nonhazardous products.
(5)
Craft and custom trades, such as bookbinding, jewelry manufacturing and upholstering.
(6)
Blueprint, photostating and copy services.
(7)
Lithographing, engraving, printing and publishing.
(8)
Catering establishments.
(9)
Radio and television broadcasting stations.
(10)
Beverage bottling and distribution.
(11)
Wholesale bakeries.
(12)
Indoor recreational facility.
(13)
Manufacturing of medical and dental equipment, drafting, optical and musical instruments; watches, clocks, toys and games.
(14)
Compounding of cosmetics, toiletries, drugs and pharmaceutical products.
(15)
Assembly of products from previously processed or fabricated materials.
(16)
Bottled gas sales and service.
(17)
Cellophane products manufacturing.
(18)
Ceramic products.
(19)
Commercial cleaning and dyeing works.
(20)
Carpet cleaning.
(21)
Cold storage or refrigerating plants.
(22)
Confectionery manufacturing.
(23)
Dairy products, processing and manufacturing.
(24)
Electrical parts, assembly and manufacturing.
(25)
Fiber products manufacturing (previously prepared fiber).
(26)
Food products manufacturing and canning (except fish products, sauerkraut, vinegar, yeast and rendering or refining of fats and oils).
(27)
Foundry casting; lightweight nonferrous metals (no manganese, brass, bronze, zinc).
(28)
Furniture manufacturing.
(29)
Garment manufacturing.
(30)
Glass products manufacturing.
(31)
Greenhouses and nurseries (retail or wholesale).
(32)
Ironworks, ornamental (no foundry, drop hammer and no punch presses over 20-ton capacity).
(33)
Jewelry manufacturing.
(34)
Commercial laundry plants.
(35)
Leather products manufacturing (previously prepared leather).
(36)
Lumberyards.
(37)
Heavy machinery, farm sales, repairing and overhauling, rental and storage.
(38)
Millwork and cabinetmaking.
(39)
Paint mixing and treatment (not employing a boiling process).
(40)
Paper products manufacturing (previously prepared material).
(41)
Parcel and express delivery services.
(42)
Plastic products manufacturing (previously prepared material).
(43)
Railroad depots, passenger and freight.
(44)
Sheet metal products (light).
(45)
Sign painting shops.
(46)
Wireless communication system antennas on alternate independent support structures.
(47)
Textile products manufacturing.
(48)
Tire retreading, recapping or rebuilding.
(49)
Tool and machinery manufacturing (no drop hammers or punch presses of over 20 tons).
(50)
Water distillation.
(51)
Well-drilling services and shops.
(52)
Wood products manufacturing (assembling work and finishing).
(53)
Repair and servicing of automobiles and other motorized vehicles.
(54)
Self-storage warehouses.
(55)
Public uses such as parks, buildings and municipal zoos, but not including libraries.
(56)
Fire stations, police stations, artesian wells, pumping stations, lakes, boat docks, boathouses, water supply reservoirs, filter beds, water tanks, towers or standpipes, and marinas.
(57)
Railroad rights-of-way, railroad tracks, bridges and signals.
(58)
Public utilities; poles, wires and transmission and/or distribution lines and other transmission and distributing appurtenances, but not including office buildings or storage facilities, electrical energy production facilities, transformers or relay substations.
(59)
Accessory off-street and loading facilities subject to the provisions of article VII of this chapter.
(60)
Accessory signs subject to the provisions of article VIII of this chapter.
(61)
Other accessory uses subject to the provisions of section 28-926.
(62)
Air-conditioning and heating sales and service.
(63)
Contractors' shops.
(64)
Office buildings.
(65)
Office and business equipment sales offices.
(66)
Plumbing sales and service.
(67)
Rental of heavy equipment and machinery.
(68)
Roofing sales and service.
(69)
Agricultural operations.
(70)
Assembly plants.
(71)
Motor freight and truck service terminals.
(72)
Screened open storage from public view; however, this shall not include the storage of salvaged motor vehicle parts.
(73)
Public utilities; shops, yards, generation, storage and substations.
(74)
Stone monument manufacturing and engraving.
(75)
Welding shops.
(76)
Fabrication of concrete products.
(77)
Home occupations in nonconforming residential uses subject to the provisions of section 28-928 and all other applicable provisions of this chapter.
(78)
Licensed group homes.
(79)
Schools including private or public schools, elementary and secondary schools, preschools, kindergartens, nursery schools and special schools, provided the use meets all setback, lot size and other development requirements applicable.
(80)
Commercial and vocational schools.
(81)
Child care facilities.
(82)
Monopole, lattice, guy wire, and stealth antenna structure not to exceed 199 feet in height for wireless communication system.
(83)
Religious institutions.
(84)
Adult day care facilities.
(85)
Sale of alcoholic beverages for on-premise consumption, provided that such use occurs on not more than four occasions in a calendar year for a total of not more than eight days.
(86)
Indoor amusement facility.
(87)
Enclosed outside storage subject to the provisions of section 28-926.
(88)
Outside display subject to the provisions of section 28-926.
(89)
Mortuary services.
(90)
Vineyards.
(91)
Wineries.
(92)
Excavation, mining and/or removal of material limited to sand, soil or gravel, as an accessory use for the purpose of construction on the property or development of the property for a permitted use by right or by special permit; provided the excavation, mining and/or removal of material meet the following:
a.
The amount of material being removed from the site is not more than 125,000 cubic yards;
b.
A site grading permit is issued meeting all requirements of article III, division 3 of this chapter for a period of time that is specified in the site grading permit which period of time shall be reasonable for the amount of work that is being done as part of the construction on the property or development of the property for a permitted use, as determined by the building official; and
c.
If excavation, mining and/or removal of material is intended to create a water body or lake as an accessory use, the area of the water body or lake cannot exceed ten percent of the total area of the tract or lot where it is being constructed. This applies to the parent tract or lot and further division of the parent tract or lot will not permit additional water bodies or lake to exceed ten percent of the total area of the parent tract or lot.
(93)
Farmers' markets (except on lots containing only single-family uses) provided that a farmers' market permit has been issued in accordance with chapter 13 of this Code.
(94)
Sale of alcohol for off-premise consumption provided that such use occurs at a permitted farmers' market.
(95)
Community gardens provided that a community garden permit has been issued in accordance with chapter 13 of this Code (unless such permit is not required under chapter 13 of this Code).
(96)
Temporary commercial parking facility.
(Ord. No. 1986-49, § 1(4.2102), 9-16-86; Ord. No. 1987-24, §§ 13, 18, 12-21-87; Ord. No. 1988-45, §§ 3, 12, 10-18-88; Ord. No. 1989-30, § 1, 7-18-89; Ord. No. 1990-61, §§ 7, 10, 14, 16, 17, 12-18-90; Ord. No. 1997-25A, § 1, 6-17-97; Ord. No. 1997-30, § 1(p), (q), 7-1-97; Ord. No. 1999-67, § 1, 1-4-00; Ord. No. 2001-48, § 1, 4-3-01; Ord. No. 2003-0405, § 1, 7-15-03; Ord. No. 2005-0037, § 2, 1-4-05; Ord. No. 2005-287, § 2, 5-3-05; Ord. No. 2005-437, § 2, 8-2-05; Ord. No. 2007-290, § 3, 5-1-07; Ord. No. 2008-453, § 3, 9-2-08; Ord. No. 2010-692, § 1, 12-7-10; Ord. No. 2011-116, § 1, 3-1-11; Ord. No. 2013-483, § 1, 8-20-13; Ord. No. 2014-432, § 1, 8-5-14; Ord. No. 2023-794, § 2, 9-19-23)
Sec. 28-748. - Special uses.
Uses which may be allowed in the M-2 district by special permit in accordance with the provisions of section 28-121 et seq. are:
(1)
Airport or heliport, subject to approval of the Federal Aviation Administration.
(2)
Excavation, mining and/or removal of any material, including, but not limited to, sand, soil and gravel, as an accessory use for the purpose of construction on the property or development of the property for a permitted use by right or by special permit, if (1) the amount of material being removed from the site is more than 125,000 cubic yards, or (2) the excavation and/or mining involving the removal of material is intended to construct a water body or lake as an accessory use and the area of the water body or lake exceeds ten percent of the total area of the lot or tract where it is being constructed; provided the excavation, mining and/or removal is conducted in accordance with all terms and conditions of the special use permit, the surface mining and excavation guidelines and all other applicable ordinances and codes of the city and meets the following conditions:
a.
The property on which the excavation, mining and/or removal operation is conducted is not located within 1,000 feet of 26 or more dwelling units, and
b.
Trucks used to transport excavated material from an excavation or mining operation site shall not be driven on a local or collector street that provides vehicular access to a residential subdivision containing 26 or more dwelling units.
(3)
Any production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products of a nonhazardous nature which is not a permitted use and which will not be injurious or offensive to the occupants of adjacent premises.
(4)
Chemical storage.
(5)
Kennels and stables.
(6)
Petroleum refining and storage.
(7)
Motels or hotels including attached restaurants and/or clubs which sell alcoholic beverages for on-premises consumption.
(8)
Residential quarters for caretakers and similar personnel.
(9)
Vocational education.
(10)
Auto, boat and recreation vehicles; sale, rental, parts, repair and storage (new and used, but not including wrecking yards).
(11)
Commercial uses listed herein which are grouped at street intersections and which primarily provide services to persons working within the industrial areas:
a.
Restaurants, which may include a drive-in or drive-in windows.
b.
Convenience grocery stores, which may include the sale of auto fuel and alcoholic beverages for off-premises consumption.
c.
Personal service shops.
d.
Dry-cleaning/laundry services, which shall not include self-service facilities or laundromat.
e.
Medical clinics.
f.
Pharmacies.
(12)
Automobile carwashing establishments.
(13)
Monopole, lattice, guy wire, and stealth antenna structure for wireless communication system if height exceeds 199 feet.
(14)
Reserved.
(15)
Transitional shelter II.
(16)
Shelters.
(17)
Halfway houses.
(18)
Crematory services.
(19)
Excavation, mining and/or removal of any material, including, but not limited to, oil, sand and gravel, for any purpose other than construction on the property or development of the property; provided the excavation, mining and/or removal is conducted in accordance with all terms and conditions of the special use permit, the surface mining and excavation guidelines, all other applicable ordinances and codes of the city and the following distance requirements:
a.
The property on which the excavation, mining and/or removal operation is conducted is not located within 1,000 feet of 26 or more dwelling units, and
b.
Trucks used to transport excavated material from an excavation or mining operation site shall not be driven on a local or collector street that provides vehicular access to a residential subdivision containing 26 or more dwelling units.
(20)
Recreational vehicle parks provided that it is located on property adjacent to a major state highway (Interstate 35, Loop 340/Highway 6, Highway 84, and Highway 77/Business Highway 77) subject to chapter 15 of the Code.
(Ord. No. 1986-49, § 1(4.2103), 9-16-86; Ord. No. 1987-3, §§ 8, 18, 2-17-87; Ord. No. 1987-24, §§ 1, 4, 12-21-87; Ord. No. 1987-64, §§ 1, 2, 11-24-87; Ord. No. 1988-45, § 11, 10-18-88; Ord. No. 1988-73, § 6, 1-3-89; Ord. No. 1990-13, § 7, 4-17-90; Ord. No. 1990-61, § 13, 12-18-90; Ord. No. 1997-30, § 1(t), 7-1-97; Ord. No. 1998-53, § 1, 2-2-99; Ord. No. 2001-48, § 1, 4-3-01; Ord. No. 2003-0405, § 1, 7-15-03; Ord. No. 2004-0332, § 1, 6-15-04; Ord. No. 2007-496, § 3, 8-7-07; Ord. No. 2010-131, § 1, 3-2-10; Ord. No. 2010-692, § 1, 12-7-10; Ord. No. 2011-117, § 1, 3-1-11; Ord. No. 2013-481, § 1, 8-20-13; Ord. No. 2013-483, § 1, 8-20-13)
Sec. 28-749. - Lot area.
Except as otherwise provided in section 28-901, every lot in the M-2 district upon which a structure or use is erected, altered or maintained shall have:
(1)
All permitted uses. An area of not less than 15,000 square feet; and a minimum width of 75 feet.
(2)
Uses allowed by special permit. Same as for permitted uses, subject to the provisions of section 28-130.
(Ord. No. 1986-49, § 1(4.2104), 9-16-86)
Sec. 28-750. - Height restrictions.
Except as provided in section 28-903, no structure or use in the M-2 district shall be erected, altered or maintained which exceeds six stories or 90 feet in height.
(Ord. No. 1986-49, § 1(4.2105), 9-16-86)
Sec. 28-751. - Yard requirements.
Except as provided in section 28-904, no structure or use in the M-2 district shall be erected, altered or maintained unless the following yards are provided:
(1)
All permitted uses. A front yard of not less than 25 feet; and no minimum side or rear yard is required, except that:
a.
A side yard of not less than ten feet shall be required where the side yard is adjacent to a side street or as provided in section 28-904(f).
b.
Any rear or side yard abutting an R-3 or O district shall not be less than 15 feet.
c.
Any rear or side yard abutting an R-1 or R-2 district shall not be less than 25 feet.
d.
All required yards shall be increased by one foot for every two feet, or fraction thereof, by which a principal structure exceeds 45 feet in height.
(2)
Uses allowed by special permit. Same as for permitted uses in subsection (1) of this section, subject to the provisions of section 28-130.
(Ord. No. 1986-49, § 1(4.2106), 9-16-86)
Sec. 28-752. - Additional regulations.
Uses in the M-2 district shall also comply with the following regulations:
(1)
Accessory open storage shall be entirely screened from view to a height of six feet.
(2)
Section 28-171 requiring review of development plans for all uses except single-family dwellings.
(3)
Chapter 9 regulating development in the escarpment zone.
(4)
Chapter 11 regulating development in floodplains.
(Ord. No. 1986-49, § 1(4.2107), 9-16-86)
Sec. 28-753. - Distance requirements.
(a)
A transitional shelter located in the M-2 district shall be located at least 500 feet from any lot used for a school, day care center, or another transitional shelter, community home II, shelter, or halfway house.
(b)
A shelter located in the M-2 district shall be located at least 500 feet from any lot used for a school, day care center, or another shelter, community home II, transitional shelter, or halfway house and shall be located at least 500 feet from property zoned R-1A or R-1B.
(c)
A halfway house located in the M-2 district shall be located at least 500 feet from any lot zoned residential and at least 1,000 feet from any lot used for a school, day care center, or another halfway house, community home II, transitional shelter, or shelter.
(Ord. No. 2004-0332, § 1, 6-15-04)
Sec. 28-771.- Purpose.
The M-3 general industrial district is intended to provide for all types of industrial uses, with area, height and yard requirements designed to accommodate major industries and other uses whose operating characteristics require large sites.
(Ord. No. 1986-49, § 1(4.2201), 9-16-86)
Sec. 28-772. - Permitted uses.
Permitted uses in the M-3 district are:
(1)
Offices.
(2)
Television and radio stations, broadcasting.
(3)
Wholesale sales and distribution.
(4)
Research laboratories, including the testing of products.
(5)
Package delivery and parcel express services.
(6)
Motor freight terminals and truck services.
(7)
Wireless communication system antennas on alternate independent support structures.
(8)
Any production, processing, cleaning, servicing, repair or storage of materials, goods or products, except for those uses listed in section 28-773 which may be allowed only by special permit.
(9)
Fire stations, police stations, artesian wells, pumping stations, lakes, boat docks, boathouses, water supply reservoirs, filter beds, water tanks, towers or standpipes and marinas.
(10)
Railroad rights-of-way, railroad tracks, bridges and signals.
(11)
Public utilities; poles, wires and transmission and/or distribution lines and other transmission and distributing appurtenances, electrical energy production facilities, transformers or relay substations.
(12)
Accessory off-street parking and loading facilities subject to the provisions of article VII of this chapter.
(13)
Accessory signs subject to the provisions of article VIII of this chapter.
(14)
Other accessory uses subject to the provisions of section 28-926.
(15)
Cleaning, dyeing, and laundry plants, commercial.
(16)
Office buildings.
(17)
Public uses such as parks, buildings and municipal zoos, but not including libraries.
(18)
Rental of heavy equipment and machinery.
(19)
Assembly plants.
(20)
Carpet cleaning.
(21)
Cellophane products manufacturing.
(22)
Ceramic products.
(23)
Cold storage or refrigerating plants.
(24)
Electric parts manufacturing and assembly.
(25)
Feed processing and grain elevators.
(26)
Fiber products manufacturing.
(27)
Food products manufacturing/cannery.
(28)
Foundry casting, lightweight nonferrous metals.
(29)
Furniture manufacturing.
(30)
Garment manufacturing.
(31)
Gas (bottled) sales and service.
(32)
Glass products manufacturing.
(33)
Iron works, ornamental.
(34)
Jewelry manufacturing.
(35)
Junkyards, salvage and scrap operations and automobile wrecking yards; provided, that such use is surrounded by a solid sightproof barrier at least six feet high located within required building setback lines.
(36)
Leather products manufacturing.
(37)
Lumberyards.
(38)
Manufacturing of medical, dental, drafting and optical equipment.
(39)
Manufacturing of musical instruments, watches and toys.
(40)
Manufacturing of products from fabricated parts.
(41)
Millwork and cabinetmaking.
(42)
Warehouse storage.
(43)
Screened or unscreened open storage.
(44)
Paint mixing and treatment.
(45)
Paper products manufacturing.
(46)
Plastic products manufacturing.
(47)
Public utilities; shops, yards, generation, storage and substation.
(48)
Sheet metals products (light).
(49)
Sign-painting shops.
(50)
Stone monuments manufacturing and engraving.
(51)
Textile products manufacturing.
(52)
Tire retreading, recapping or rebuilding.
(53)
Tool and machinery manufacturing.
(54)
Water distillation.
(55)
Welding shops.
(56)
Well drilling shops.
(57)
Wood products manufacturing.
(58)
Home occupations in nonconforming residential uses subject to the provisions of section 28-928 and all other applicable provisions of this chapter.
(59)
Licensed group homes.
(60)
Schools including private or public schools, elementary and secondary schools, preschools, kindergartens, nursery schools and special schools, provided the use meets all setback, lot size and other development requirements applicable.
(61)
Commercial and vocational schools.
(62)
Child care facilities.
(63)
Monopole, lattice, guy wire, and stealth antenna structure not to exceed 199 feet in height for wireless communication system.
(64)
Adult day care facilities.
(65)
Enclosed outside storage subject to the provisions of section 28-926.
(66)
Outside display subject to the provisions of section 28-926.
(67)
Mortuary services.
(68)
Excavation, mining and/or removal of material limited to sand, soil or gravel, as an accessory use for the purpose of construction on the property or development of the property for a permitted use by right or by special permit; provided the excavation, mining and/or removal of material meet the following:
a.
The amount of material being removed from the site is not more than 125,000 cubic yards;
b.
A site grading permit is issued meeting all requirements of article III, division 3 of this chapter for a period of time that is specified in the site grading permit which period of time shall be reasonable for the amount of work that is being done as part of the construction on the property or development of the property for a permitted use, as determined by the building official; and
c.
If excavation, mining and/or removal of material is intended to create a water body or lake as an accessory use, the area of the water body or lake cannot exceed ten percent of the total area of the tract or lot where it is being constructed. This applies to the parent tract or lot and further division of the parent tract or lot will not permit additional water bodies or lake to exceed ten percent of the total area of the parent tract or lot.
(69)
Community gardens provided that a community garden permit has been issued in accordance with chapter 13 of this Code (unless such permit is not required under chapter 13 of this Code).
(70)
Temporary commercial parking facility.
(71)
Agricultural operations.
(Ord. No. 1986-49, § 1(4.2202), 9-16-86; Ord. No. 1987-24, §§ 13, 18, 20, 12-21-87; Ord. No. 1988-45, § 12, 10-18-88; Ord. No. 1990-61, §§ 7, 10, 14, 15, 17, 12-18-90; Ord. No. 1997-25A, § 1, 6-17-97; Ord. No. 1997-30, § 1(r), (s), 7-1-97; Ord. No. 2001-48, § 1, 4-3-01; Ord. No. 2003-0405, § 1, 7-15-03; Ord. No. 2005-437, § 2, 8-2-05; Ord. No. 2007-290, § 3, 5-1-07; Ord. No. 2010-692, § 1, 12-7-10; Ord. No. 2013-483, § 1, 8-20-13; Ord. No. 2014-432, § 1, 8-5-14; Ord. No. 2023-794, § 2, 9-19-23)
Sec. 28-773. - Special uses.
Uses which may be allowed in the M-3 district by special permit in accordance with the provisions of section 28-121 et seq. are:
(1)
Airport or heliport, subject to approval of the Federal Aviation Administration.
(2)
Excavation, mining and/or removal of any material, including, but not limited to, sand, soil and gravel, as an accessory use for the purpose of construction on the property or development of the property for a permitted use by right or by special permit, if (1) the amount of material being removed from the site is more than 125,000 cubic yards, or (2) the excavation and/or mining involving the removal of material is intended to construct a water body or lake as an accessory use and the area of the water body or lake exceeds ten percent of the total area of the lot or tract where it is being constructed; provided the excavation, mining and/or removal is conducted in accordance with all terms and conditions of the special use permit, the surface mining and excavation guidelines and all other applicable ordinances and codes of the city and meets the following conditions:
a.
The property on which the excavation, mining and/or removal operation is conducted is not located within 1,000 feet of 26 or more dwelling units, and
b.
Trucks used to transport excavated material from an excavation or mining operation site shall not be driven on a local or collector street that provides vehicular access to a residential subdivision containing 26 or more dwelling units.
(3)
Residential quarters for caretakers and similar personnel.
(4)
Acid manufacturing.
(5)
Cement, lime, gypsum or plaster of Paris manufacturing.
(6)
Distillation of bones.
(7)
Explosives manufacturing or storage.
(8)
Fat rendering.
(9)
Fertilizer manufacturing.
(10)
Gas manufacturing.
(11)
Garbage, offal or dead animals, reduction or dumping.
(12)
Glue manufacturing.
(13)
Storage or refining of petroleum or its products.
(14)
Smelting of tin, copper, zinc or iron ores.
(15)
Stockyards or slaughter of animals.
(16)
Automotive and motor vehicle repair, service and gas sales.
(17)
Agriculture feed lots.
(18)
Chemical storage.
(19)
Vocational rehabilitation.
(20)
Asphalt batching.
(21)
Monopole, lattice, guy wire, and stealth antenna structures for wireless communication system if height exceeds 199 feet.
(22)
Reserved.
(23)
Excavation, mining and/or removal of any material, including, but not limited to, oil, sand and gravel, for any purpose other than construction on the property or development of the property; provided the excavation, mining and/or removal is conducted in accordance with all terms and conditions of the special use permit, the surface mining and excavation guidelines, all other applicable ordinances and codes of the city and the following distance requirements:
a.
The property on which the excavation, mining and/or removal operation is conducted is not located within 1,000 feet of 26 or more dwelling units, and
b.
Trucks used to transport excavated material from an excavation or mining operation site shall not be driven on a local or collector street that provides vehicular access to a residential subdivision containing 26 or more dwelling units.
(24)
Crematory services.
(Ord. No. 1986-49, § 1(4.2203), 9-16-86; Ord. No. 1987-3, §§ 8, 18, 2-17-87; Ord. No. 1987-24, § 1, 12-21-87; Ord. No. 1987-64, § 1, 11-24-87; Ord. No. 1988-45, § 11, 10-18-88; Ord. No. 1990-61, § 13, 12-18-90; Ord. No. 1997-30, § 1(u), 7-1-97; Ord. No. 1998-53, § 1, 2-2-99; Ord. No. 2001-48, § 1, 4-3-01; Ord. No. 2003-0405, § 1, 7-15-03; Ord. No. 2007-496, § 3, 8-7-07; Ord. No. 2010-692, § 1, 12-7-10; Ord. No. 2013-483, § 1, 8-20-13)
Sec. 28-774. - Lot area.
Except as otherwise provided in section 28-901, every lot in the M-3 district upon which a structure or use is erected, altered or maintained shall have:
(1)
All permitted uses. An area of not less than 80,000 square feet; and a minimum width of 200 feet.
(2)
Uses allowed by special permit. Same as for permitted uses, subject to the provisions of section 28-130.
(Ord. No. 1986-49, § 1(4.2204), 9-16-86)
Sec. 28-775. - Height restrictions.
Subject to the provisions of section 28-903, there shall be no height limit in the M-3 district.
(Ord. No. 1986-49, § 1(4.2205), 9-16-86)
Sec. 28-776. - Yard requirements.
Except as provided in section 28-904, no structure or use in the M-3 district shall be erected, altered or maintained unless the following yards are provided:
(1)
All permitted uses. A front yard of not less than 25 feet, and no minimum side or rear yard is required, except that:
a.
A side yard of not less than ten feet shall be required where the side yard is adjacent to a side street or as provided in section 28-904(f).
b.
Any rear or side yard abutting an R-3 or O district shall not be less than 15 feet.
c.
Any rear or side yard abutting an R-1 or R-2 district shall not be less than 25 feet.
d.
All required yards shall be increased by one foot for every two feet, or fraction thereof, by which a principal structure exceeds 45 feet in height.
(2)
Uses allowed by special permit. Same as for permitted uses in subsection (1) of this section, subject to the provisions of section 28-130.
(Ord. No. 1986-49, § 1(4.2206), 9-16-86)
Sec. 28-777. - Additional regulations.
Uses in the M-3 district shall also comply with the following regulations:
(1)
Section 28-171 requiring review of development plans for all uses except single-family dwellings.
(2)
Chapter 9 regulating development in the escarpment zone.
(3)
Chapter 11 regulating development in floodplains.
(Ord. No. 1986-49, § 1(4.2207), 9-16-86)
Sec. 28-796.- Purpose.
The primary purpose of these special provisions for development in the Brazos River Corridor district is to ensure the development of the Brazos River Corridor as a center for quality recreation, convention, tourism, housing and office facilities. The regulations are designed to protect the special environmental character of the corridor, to promote continued private and public investment. Additional development standards and design guidelines for the district are intended to preserve the distinctive character and natural beauty of the Brazos River Corridor and to maintain its charm and atmosphere.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-797 - Definitions.
Caliper inches means the diameter of the trunk measured six inches above ground level, up to and including four-inch-caliper size, and measured 12 inches above ground level if the measurement, taken at six inches above ground level, exceeds four inches. If a tree is of a multi-trunk variety, the caliper of the tree is the average caliper of all of its trunks.
Significant tree shall mean a tree that has a diameter of six inches or more, measured four and one-half feet above natural grade, and is one of the following species:
(1)
Ash, Texas.
(2)
Cypress, Bald.
(3)
Elm, American.
(4)
Elm, Cedar.
(5)
Madrone.
(6)
Maple, Bigtooth.
(7)
All Oaks.
(8)
Pecan.
(9)
Walnut, Arizona.
(10)
Walnut, Eastern Black.
Substantial renovation shall be determined by the following ratios:
Maintenance items such as roof repair or replacement, HVAC repair and replacement, electrical and plumbing repair, foundation stabilization, masonry repair, replacement of rotten wood, and repair of existing windows and doors that do not significantly change the architectural character of a building shall not, in and of themselves, be considered substantial renovation.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-797.1. - District boundary and map.
The Brazos River Corridor District map is kept on file in the city secretary's office and is hereby incorporated by reference and made a part of this division.
(Ord. No. 2009-365, § 5, 7-709)
Sec. 28-798. - Zoning classifications.
The Brazos River Corridor district is an overlay, and its regulations shall be applicable to each property within the district, except where specifically exempted in section 28-798, in addition to the regulations of the base R, O, C, or M district classification in which such property is located. The zoning classification of each property shall be designated by the base district classification plus the Brazos River Corridor district designation (BRC). For example, a property in the C-1 district within the Brazos River Corridor district will carry a C-1 (BRC) classification.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-799. - Application of regulations.
Within the Brazos River Corridor district, the regulations of each respective base district shall continue to apply to property located in that district, except as expressly supplemented or modified herein. These regulations only apply to new development or a substantial renovation to an existing structure. Properties zoned R-E, R-1A or R-1B, or used for single-family residential purposes shall be exempt from the following sections: 28-800 (except 28-800(1)) "Uses", 28-801 "Lot area, height and yard requirements," 28-802 "Site development standards," 28-802.1 "Pedestrian access," 28-802.2 "Parking," 28-802.3 "Drainage," 28-802.4 "Utilities," 28-803 "Signs—Prohibitions," 28-804 "(Signs)—Permitted," 28-805 "(Signs)—Use-related," 28-806 "(Signs)—Compatibility," 28-807 "(Signs)—Number, setback, area and height," 28-808 "Illuminated signs," 28-810 "Garbage or trash storage," 28-811 "Loading docks and service entrances," 28-812.3 "Items of secondary construction," 28-812.4 "100-year floodplain construction," 28-812.5 "Roofs," 28-813.1 "General requirements," 28-813.2 "Submission of landscape plan," 28-813.5 "Parking lots," 28-813.6 "Screening/buffering," 28-813.8 "Planting methods," 28-813.9 "Protection of landscape areas," 28-813.10 "Irrigation/watering systems," 28-813.12 "Plan alternatives," 28-814.1 "Prohibited usage," 28-814.2 "On-site sewage facilities," 28-814.5 "Marinas," and 28-815 "Maintenance standards."
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-800. - Uses.
Permitted uses and uses allowed by special permit in the Brazos River Corridor district shall be those uses specified for the base district in which a property is located, except that the following uses are specifically prohibited in the Brazos River Corridor district:
(1)
HUD-Code manufactured homes.
(2)
Dispensing or serving of food and beverages directly to consumers in motor vehicles, except where property has frontage on Interstate 35.
(3)
Television and radio broadcasting towers.
(4)
Automobile sale and/or rental (except as incidental to primary use).
(5)
Repair and servicing of automobiles and other passenger vehicles.
(6)
Automobile car-washing establishments (except as incidental to primary use).
(7)
Heavy machinery storage, rental, sales and repair.
(8)
Machinery, farm sales, repairing and overhauling.
(9)
HUD-Code manufactured home sales.
(10)
Warehouse storage.
(11)
Feed processing and grain elevators.
(12)
Lumberyards.
(13)
Roofing sales and service.
(14)
Contractor's shop.
(15)
Tire retreading, recapping or rebuilding.
(16)
Self-storage warehouses.
(17)
Motor freight and truck service terminals.
(18)
Sand and gravel extraction except from the bed of the river.
(19)
Junkyards, automobile wrecking yards, salvage yards and scrap operations.
(20)
Acid manufacturing.
(21)
Cement, lime, gypsum or plaster of Paris manufacturing.
(22)
Distillation of bones.
(23)
Fat rendering.
(24)
Fertilizer manufacturing.
(25)
Gas manufacturing.
(26)
Garbage, offal or dead animals, reduction or dumping.
(27)
Glue manufacturing.
(28)
Storage or refining of petroleum or its products.
(29)
Smelting of tin, copper, zinc or iron ores.
(30)
Stockyards or slaughter of animals.
(31)
Agriculture feed lots.
(32)
Asphalt batching.
(33)
Screened or unscreened open storage.
(34)
Sexually oriented businesses.
(35)
Enclosed outside storage.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-801. - Lot area, height and yard requirements.
Lot area, height and yard requirements applicable to a use in the Brazos River Corridor district shall be those specified for the base district in which the use is located, except that:
(1)
A minimum yard of not less than 25 feet shall be provided adjacent to Brazos Parkway/Martin Luther King, Jr. Drive and University Parks Drive; except where a lot of less than 100 feet in depth between Brazos Parkway/Martin Luther King, Jr. Drive and the lake exits, a yard of not more than 20 percent of the lot depth may be permitted.
(2)
No off-street parking spaces shall be located within ten feet of any public right-of-way or within 25 feet of Lake Brazos.
(3)
Any buildings constructed within the Brazos River Corridor shall be outside the floodway of the Brazos and Bosque Rivers as established by the most recent study approved by the Federal Emergency Management Agency (FEMA). Permits for excavation, removal of vegetation, or at-grade improvements in the floodway, such as sidewalks, shall be required by the city building official. However, filling within the floodway, or the construction of permanent structures such as fences, buildings, or shelters is prohibited.
a.
100-Year flood. A flood that occurs on the average of once every 100 years. This flood has a one-percent chance of occurring in any given year.
b.
100-Year floodplain. That land which is subject to flooding by the occurrence of a 100-year flood.
c.
Floodway. The channel of stream plus any adjacent floodplain areas, as defined by FEMA maps, that must be kept free of encroachment so that the 100-year flood can be carried without causing the flood height to increase in excess of one foot.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-802. - Site development standards.
Each use in the Brazos River Corridor district shall comply with all site development standards contained in section 28-171. The general exterior styling of architecture of any new buildings or any building altered or remodeled in the Brazos River Corridor must conform to or be in sympathy with the Brazos River Development Plan and the comprehensive plan as adopted by the city council.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-802.1. - Pedestrian access.
On the west side of the Brazos River between Franklin Avenue and Interstate 35, an area of pedestrian access 20 feet wide behind the uppermost retaining wall of the existing river walk shall be required.
In other areas with river frontage, this access shall be required when the vertical dimension between the level of the river walk and the main pedestrian level of the development exceeds ten feet.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-802.2. - Parking.
In developments with river frontage, parking shall be place away from the river and not located between the building and the river.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-802.3. - Drainage.
Surface runoff from paved areas and other impermeable surfaces shall not flow directly into the river, but shall be routed to enhance removal of contaminants before release into the river.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-802.4. - Utilities.
All surface drops for electrical and communication utilities shall be places underground from the distribution line to the point of service in compliance with utility service regulations.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-803. - Signs—Prohibitions.
The following signs shall be prohibited within the Brazos River Corridor Overlay District:
(1)
All off-premises signs except the national or state flag, insignia, legal notices, or fundamental, directional or traffic signs which are legally required or necessary to essential functions of government agencies.
(2)
Mobile signs as defined as any sign designed for use and display out-of-doors which is mounted on a trailer or is otherwise capable of being easily transported or moved place to place.
(3)
Banners, pennants, searchlights, twirling signs, sandwich or "A" frame signs, sidewalk or curb signs, balloons or other gas-filled objects, except that banners, pennants, balloons or searchlights may be permitted for a period not to exceed ten days for special events, such as grand openings. A written permit for such temporary use shall be obtained from the building official.
(4)
Banners which are incorporated into the architectural design of the building or site are exempt from this provision if approval has been granted by the city building official.
(5)
Banners on light standards located on public property are exempt from this provision if approval has been granted by the city manager's office.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-804. - Same—Permitted.
All signage within the BRC district shall be in keeping with the general guideline of preserving the distinctive character, natural beauty and historic charm of the Brazos River Corridor.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-805. - Same—Use-related.
All display signs, visual displays or graphics located in the Brazos River Corridor must relate to a bona fide public or private use within the corridor or advertise a bona fide use conducted in or on the premises adjacent to the Brazos River Corridor or with a prominent, in-use entrance to the Brazos River Corridor.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-806. - Same—Compatibility.
The type, shape, color, construction and materials of all proposed signs in the BRC district shall be reviewed as to their compatibility with the Brazos River Corridor Plan and the Comprehensive Plan.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-807. - Signs—Number, setback, area and height.
The number, setback, area and height of signs in the BRC district shall be permitted as in the base district with the following exceptions:
(1)
No detached sign more than three feet in height shall be located within the floodway or within 50 feet of the water's edge, whichever is greater with the following exceptions:
a.
The national or state flag, insignia, legal notices, or fundamental, directional or traffic signs which are legally required or necessary to the essential functions of governmental agencies.
(2)
No detached sign shall exceed 15 feet in height.
(3)
The maximum area of any detached sign shall not exceed 120 square feet and be in conformity with the signage requirements of the base district.
(4)
In order to provide for construction of a sign to the scale which may be required for exceptionally large developments, the following area and height restrictions shall apply for any permitted use in a C or M district or for a government or institutional use in an O district having a frontage on a limited-access freeway or primary arterial:
a.
Area. Where the frontage of a development on a public right-of-way exceeds 750 feet, an additional one-half square foot of area shall be permitted for each foot of frontage in excess of 750 feet up to a maximum area of 250 square feet.
b.
Height. For exceptionally large developments requiring a sign in accordance with subsection (4) of this section, a maximum height of 30 feet shall be allowed.
(5)
The area of signs placed in windows, so as to be viewed from the outside, shall be counted in calculating the permitted area of attached signs.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-808. - Illuminated signs.
(a)
For illuminated signs with lighting fixtures behind the face of the sign, all light sources shall be a steady light concealed. No flashing lights, including strobe lights, are permitted in the BRC district. The face of the sign shall be standard, opaque glass or another substance of an equal or similar light transmission factor.
(b)
For other illuminated signs, a light source outside the face of the sign shall be a steady light concealed by a hood or other method of indirect lighting.
(c)
Lighted signs that portray movement, electronic reader board signs, and neon signs shall be considered permitted within the context of this section.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-809. - Outdoor lighting.
The purpose of this division is to encourage a safe, secure atmosphere while maintaining an environment of visual quality which is unobtrusive to surrounding property. Where hazards exist which can be minimized or eliminated by lighting, or where use extends into hours of darkness, the lighting of parking areas, walks and drives may be required in such manner and during such hours as may be deemed necessary in the interest of public safety and security. Such lighting may be attached to a building or freestanding fixture.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-809.1. - Lighting requirements.
(a)
All supports and fixtures shall be compatible in design and appearance with the character of the area. Wood utility poles shall not be used, however decorative or specially designed wood fixtures will be considered. All wiring shall be underground.
(b)
Mechanical equipment shall be effectively screened from the public.
(c)
The limits of illumination on neighboring property from an establishment shall be by zoning of the neighborhood property. Maximum footcandle levels measured by holding a light meter in a vertical position at the neighboring property line shall not exceed standards specified by ordinance. The zoning standards are as follows:
(1)
Single-family and two-family residential - 0.5 footcandles.
(2)
Multiple-family residential - 0.5 footcandles.
(3)
Non-residential - 3.0 footcandles.
(4)
Light industrial - 5.0 footcandles.
(d)
Lighting levels in public areas shall be as follows:
(1)
Commercial parking use - 1.5 (minimum); 4:1 (uniformity ration max./min.).
(2)
Walkways, jogging trails and bikeways - 1.0 (minimum); 4:1 (uniformity ratio max./min.).
*Uniformity ratios stated are maximum values.
(e)
Lighting shall be shielded or constructed so that no direct light is emitted upward, either directly from the lamp or indirectly from the fixture, above the 90° cutoff angle of the fixture.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-810. - Garbage or trash storage.
All garbage or trash storage units in the BRC district shall be painted in inconspicuous colors and screened from public view by appropriately designed landscaping or fencing. Dumpsters placed in a permanent location shall be set on appropriately sized concrete pad as specified by the city solid waste services department.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-811. - Loading docks and service entrances.
All loading docks and service entrances in the BRC district shall be screened from public view by appropriately designed landscaping or fencing.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-812. - Materials.
It is the purpose of these design standards to promote the use of quality, durable and, wherever practical, low maintenance materials throughout the Brazos River Corridor. At the same time, it is recognized that advances in building material technology may result in the availability of new materials not in existence, or not widely used, at the time these standards were written. Any construction material or system not specifically mentioned herein may be submitted to the city plan review committee for consideration and approval.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-812.1. - Historical construction.
New additions to existing historical structures, which have been designated as National Register properties, Texas landmarks, or local landmarks, shall be discernable from the original building. Such additions shall not copy the original design, but shall maintain a compatible compliment of proportion, scale, color, texture and size to the existing building.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-812.2. - New residential primary construction (single and multi-family).
All residential construction shall include a permanent foundation that is an integral part of the structure and meets or exceeds current building standards.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-812.3. - Items of secondary construction.
(a)
Walkways shall be of concrete, masonry or stone and designed to drain well and maintain an all-weather surface. The use of wood or compacted granular materials as a walkway material may only be used when approved by the city plan review committee.
(b)
The primary structure portion of a retaining wall shall be either concrete, interlocking sheet pilings engineered and specifically designed for use as a retaining wall. The exposed exterior treatment of a retaining wall may be masonry, stone, railroad ties, concrete or interlocking masonry retaining wall units.
(c)
The use of chain link fencing is not allowed unless screened from public view by mature landscaping. The twisted tines of chain link fencing shall only be placed at the bottom of the fence, pointing towards the ground. No barbed or razor wire shall be permitted. Privacy fencing constructed of wood fencing boards (such as redwood or cedar one foot by six feet) shall be constructed so the fencing boards, rather than the supporting framework, faces onto all public rights-of-way (excluding alleys). Wood fencing shall use redwood, cedar or treated lumber. If painted or stained, the fence shall be maintained against excessive fading or peeling.
(d)
Carports, storage sheds and outbuildings shall use the same construction materials as the main building they serve and shall have compatible architectural style.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-812.4. - 100-year floodplain construction.
All building foundations which are constructed within the 100-year flood plain shall be an engineered structure, taking into consideration, but not limited to, the static and dynamic loads induced on the structure by water under a flood condition.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-812.5. - Roofs.
Where the roof of a building contains mechanical equipment, the equipment shall be screened from view from lines of site on the ground or any vantage point no closer than one story below the line of the roof being viewed. When the roof is visible from a nearby taller structure, which existed prior to the construction of the shorter building, the new roof shall be designed so as to present a clean uncluttered appearance to the taller neighboring building. Roofs shall not be used as a backdrop for painted or applied signage. The orientation of siting of buildings with metal roofs shall consider the effects of glare on adjacent structures and traffic.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-813 - Landscaping.
The purpose of this section is to ensure that the preservation of the natural beauty and environmental quality of the Brazos River Corridor is preserved through the adoption of landscaping standards that respect and enhance the corridor's environment. Landscaping is important to the development of the Brazos River Corridor as a center for quality recreation, tourism, commercial and residential development and therefore should be given a high priority in the development process.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-813.1 - General requirements.
Landscaping shall consist of an appropriate combination of deciduous and evergreen trees, shrubs, and/or ground cover (including grass), and shall be installed in all required yards in the BRC district except those areas covered by driveways, walkways and other paved surfaces.
Landscaping shall be installed to screen all off-street commercial parking areas from adjacent properties and public rights-of-way. Such landscaping shall consist of a dense, all-season visual barrier to a height of at least two feet above the adjacent grade of the off-street area.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-813.2 - Submission of landscape plan.
All plans for construction projects that are required to provide landscaping shall be accompanied by a landscape plan and an irrigation plan that demonstrates compliance with the Brazos Corridor landscape standards and local ordinances pertaining to landscaping. The landscape plan shall indicate the date, scale, north arrow, project title and project address. The type, size, height and location of proposed landscape material to be used and the total square footage of all landscape area should be included as well as existing and proposed utilities, trees, swales and berms. The irrigation plans shall be designed and sealed by a licensed irrigator and shall meet all state and local codes. The plans shall indicate the type, size and location of piping and irrigation heads, backflow prevention devices, valves, and controllers.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-813.3 - Lot coverage.
(a)
Not more than 80 percent of the lot area in the BRC district may be covered by impervious surfaces of buildings, structures, and pavement. In zones requiring less than 80 percent coverage, the more restrictive base zone regulations shall apply.
(b)
Walks, fountains, and plazas can be within the landscape area but shall not constitute more than five percent of the landscaped area.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-813.4 - Tree planting, species recommendation and plant sizes.
Tree planting shall be a minimum of 30 caliper inches per acre. A minimum of one planted tree per lot is required. Planted trees shall be no less than six feet in initial height. At least 60 percent of required trees must come from the preferred plant list. For commercial property, at least 60 percent of required trees will be from the same genus or species (if more than ten trees are required).
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-813.5 - Parking lots.
One tree shall be planted for every 15 parking spaces. The landscaped area should occur entirely within the parking lot boundaries as a landscaped median, landscaped islands, or landscaped peninsulas. In order to provide significant space for the growth of trees planted within these areas, the minimum width for landscaped islands, medians, or peninsulas which contain new trees shall be eight feet measured from the inside of the curb. Grass pavers are permitted instead of concrete or asphalt but all other landscape standards remain in effect.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-813.6. - Screening/buffering.
Landscape buffers shall meet all local ordinances pertaining to sight obstructions. Plants and trees used as buffering elements shall be planted in a permeable landscape area at least eight feet wide. Berms shall be a minimum of three feet high with a slope no greater than four to one.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-813.7. - Tree preservation.
In order to encourage the preservation of significant trees and continued growth of smaller trees, the following credit toward the total landscape area and minimum caliper inches per acre required is possible.
(1)
Each square foot of landscape area which is permeable and within the area encompassed by one and a half times the drip line of a surveyed tree at least two inches in trunk diameter (measured six inches above the base of the tree) shall count as one and one-quarter square feet of landscaped area. Overlapping drip line areas will not be counted twice and no credit will be given if half of the drip line area is impervious. No credit will be given where damaging grading has occurred within one and a half times the drip line of the tree.
(2)
Each one caliper inch of a preserved significant tree shall count as 1.5 caliper inches of required tree planting per section 28-813.4.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-813.8. - Planting methods.
A minimum of three inches of shredded hardwood mulch shall be added in a non-turf area to the soil surface after planting. Non-porous material, such as sheet plastic, shall not be placed under the mulch. A minimum of four inches of permeable soil, native or imported, shall be required for all turf areas. A minimum of six inches of permeable soil mixed with two inches of compost material shall be required for all shrub and groundcover areas. Site drainage shall be taken in to consideration when planting.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-813.9. - Protection of landscape areas.
All landscape areas adjacent to vehicular use areas shall be protected with concrete or stone curb at least six inches in height. Curb stops alone will not be allowed.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-813.10. - Irrigation/watering systems.
The owner shall be responsible for the irrigation of all required landscape areas and plant materials, utilizing one or a combination of the following methods:
(1)
An automatic or manual underground irrigation system (conventional spray, bubbler, drip, emitters, drip tubing, porous pipe and the like) with the turf zones separated from planting zones.
(2)
A hose attachment within 100 feet of all required landscape areas and plant materials where there is no road or parking pavement between the hose attachment and landscape area and the site plan area is no larger than a half acre.
(3)
Landscape areas planted with native grasses and wildflowers may use a temporary and aboveground irrigation system. The system shall be required to be in place for two growing seasons.
Irrigation plans shall be designed by a licensed irrigator and shall meet all state and local codes. Automatic irrigation systems shall be equipped with a controller with a dual or multiple programming options. Sprinkler head spacing shall be designed for head to head coverage and the system be designed for minimum runoff and minimum over spray onto non-irrigated areas. Areas containing grass pavers shall be irrigated. No irrigation shall be required for undisturbed natural areas or undisturbed existing trees.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-813.11. - General maintenance.
The owner, tenant or agent, shall be jointly responsible for maintaining all landscaping in a healthy, neat, and orderly condition and replacing landscape materials when they are severely damaged, diseased, or dead.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-813.12. - Plan alternatives.
Plans that deviate from the required standards will be considered if appropriate substitutions are demonstrated. Examples of special landscape features that will be considered are arbors, gazebos, public seating areas, approved rain storage, irrigation distribution systems, native plantings, additional landscape coverage, additional tree planting, fountains and ponds.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-814. - Environmental guidelines.
The purpose of this section is to protect and enhance the environmental quality of the Brazos River Corridor. Environmental quality includes both the natural and man made environment within the corridor.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-814.1. - Prohibited usage.
Sites with the potential to adversely affect water quality and sites required to obtain storm water permits in the Corridor are required to establish monitoring plans to ensure that water quality is not impacted. The monitoring plan shall be reviewed and approved by the City of Waco personnel prior to implementation.
(1)
Specific land uses that are associated with a high risk of environmental degradation, or are not otherwise consistent with the objectives for planned growth within the BRC district, are prohibited.
(2)
New underground storage tanks containing petroleum products, located within 500 feet of the water's edge, shall install secondary containment systems. Existing storage facilities that are upgraded or replaced shall also install secondary containment systems.
(3)
Above ground storage tanks shall be properly screened from the public's view by vegetation barriers or fences consistent with section 28-812 of this ordinance.
(4)
Non-storm water discharges are prohibited with the exception of occasional incidental releases, such as non-commercial or charity car washes, etc. or emergency related water discharges.
(5)
Storage of hazardous, industrial, or municipal waste is not allowed in the Corridor. Hazardous substances or hazardous wastes shall not be stored in outside areas subject to inundation or destructive water velocities cased by a 100-year flood.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-814.2. - On-site sewage facilities.
In consideration of the aquifer recharge zone, permeable soil conditions, hydrogeologic character and inherent water quality risk associated with on-site sewage facilities (OSSFs), new OSSFs are prohibited in the corridor.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-814.3. - Cliffs.
There shall be no physical structure attached to or allowed to deface the cliffs within the Brazos River Corridor.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-814.4 - Springs.
A developer shall prepare a written assessment for development within 500 feet of any spring to ensure that the spring is not adversely impacted.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-814.5. - Marinas.
Marinas with fueling and/or repair facilities shall establish monitoring systems said monitoring plan shall be approved by appropriate city personnel.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-815. - Maintenance standards.
Items such as broken windows shall be replaced in a timely manner or boarded with a minimum one-half inch CDX plywood that is screwed into place, cut to fit the opening and painted to blend with the existing building.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-816. - Boating safety operations and maintenance.
The following provisions are intended to help assure water quality, water safety, and encourage diverse boating opportunities throughout the Brazos River Corridor.
(1)
There shall be no sewage or other liquid disposal into the surface water of Lake Brazos.
(2)
Oil absorbing pads shall be used in the operation of bilges and shall be disposed of properly.
(3)
Boat maintenance shall be performed in locations away from the surface waters of Lake Brazos, except in cases of emergency.
(4)
Removing paint from boat hulls while in the water is prohibited.
(5)
Fish shall be cleaned in designated areas and waste there from disposed of properly. Disposal of fish waste in surface waters at marinas is strictly prohibited.
(6)
Rental boats and such facilities shall be licensed by the city.
(7)
Motorized boats for group hire are allowed, but such operations, including but not limited to number and routs shall be required to obtain a permit from the city.
(8)
Airboats are prohibited. Airboats include but are not limited to swamp boats or flat bottom boats powered by an airplane-type propeller projecting above the stem of the boat, which are designed to be operated in swamps, glades, or other shallow areas.
(9)
To ensure public safety, special permits shall be required for water-related special events such as drag boat races, regattas, sculling competitions, and other similar events.
The regulations are intended to be consistent with, and in addition to, those regulations coned in chapter 17, article IV - Lakes, division 2 - Lake Brazos, sections 17-166 through 17-171. To the extent that any of those regulations are inconsistent with or in conflict herewith, this section shall control.
(Ord. No. 2023-431, § 2, 6-6-23)
Sec. 28-831.- Purpose.
The college and university neighborhoods district purposes to facilitate development which complements the physical and social characteristics of a higher education institution and the surrounding neighborhoods. Such characteristics include landscaping, architecture, open space, pedestrian access, and transportation patterns. The regulations of the district aim to alleviate traffic and parking congestion, provide incentives for high quality student housing, and protect existing single-family homes.
(Ord. No. 2014-274, § 1, 5-20-14; Ord. No. 2015-623, § 1, 10-6-15)
Sec. 28-832. - Definitions.
The following words, terms, and phrases, when used in this division, shall have the meaning ascribed to them in this section:
Block-face consists of the properties along one side of a street between two consecutive intersections.
Conforming single-family residential structure means a building that contains one dwelling unit that meets the height and yard regulations of the base zoning district.
Façade means the exterior wall of a building that faces a frontage line.
Frontage means the land between a building and the street, inclusive of its built and planted components.
Frontage line means a lot line bordering a public frontage.
Pedestrian way means an area between the structural façade and the paved portion of the public right-of-way dedicated to pedestrian movement.
Property line means the legal boundary line of a parcel of land.
Primary entrance means a door facing the frontage which provides ingress and egress between the structure and the frontage.
Principal building means the main building on a lot.
Public frontage means the area between the curb of the vehicular traffic lanes and the frontage line.
Residential. Characterizing premises available for long-term human dwelling.
Side street means any street adjacent to a land parcel on which a building is located other than the front street.
Substantial renovation shall be determined by the following ratios:
Substantial renovation shall be determined by the following ratios:
Maintenance items such as roof repair or replacement, HVAC repair and replacement, electrical and plumbing repair, foundation stabilization, masonry repair, replacement of rotten wood, and repair of existing windows and doors that do not significantly change the architectural character of a building shall not, in and of themselves. be considered "substantial renovation."
(Ord. No. 2014-274, § 1, 5-20-14; Ord. No. 2015-623, § 1, 10-6-15)
Sec. 28-833. - Zoning classification.
The college and university neighborhoods district is an overlay and regulations of the district shall be applicable to each property within the district in addition to the regulations of the base R, O, C or M district classification in which such property is located. This district is divided into three zones identified as Zone 1, Zone 2 and Zone 3 as shown on the map referenced in section 28-834. The zoning classification of each property shall be designated by the base district classification plus the college and university neighborhoods district designation (CU). For example a property in an R-3C district within the college and university neighborhoods district will carry an R-3C (CU1, CU2 or CU3) designation.
(Ord. No. 2014-274, § 1, 5-20-14; Ord. No. 2015-623, § 1, 10-6-15)
Sec. 28-834. - District boundary map.
The college and university neighborhoods district map is kept on file in the city secretary's office and is hereby incorporated by reference and made a part of this division.
(Ord. No. 2014-274, § 1, 5-20-14; Ord. No. 2015-623, § 1, 10-6-15)
Sec. 28-835. - Application of regulations.
Within the college and university neighborhoods district, the regulations of each respective base district shall continue to apply to property located in that district, except as expressly supplemented or modified herein. These regulations only apply to new development or a substantial renovation to an existing structure.
Designated historical landmarks in compliance with article X of this chapter located in the college and university neighborhoods district may be exempt from sections 28-841 "parking" and 28-842 "architectural requirements."
The building height requirements set forth in section 28-837, the parking requirements set forth in section 28-841, and the architectural requirements set forth in section 28-842 shall not apply to the following uses located in Zone 3:
(1)
Agriculture; farming and raising of agricultural products; and
(2)
All non-residential uses permitted by right or by special permit in the C-2 and M-2 districts.
(Ord. No. 2014-274, § 1, 5-20-14; Ord. No. 2015-623, § 1, 10-6-15)
Sec. 28-836. - Uses.
Permitted uses allowed by right or by special permit in the college and university neighborhoods district shall be those specified for the base district in which a property is located, except that in any R-3 or 0-2 district located in Zone 1, the office and retail uses permitted by right in C-2 may be allowed on the ground floor of a residential mixed use structure.
(Ord. No. 2014-274, § 1, 5-20-14; Ord. No. 2015-623, § 1, 10-6-15)
Sec. 28-837. - Building height requirements.
Except as otherwise provided in section 28-835, the following building height requirements shall apply throughout the college and university neighborhoods district in addition to the base zoning requirements.
(1)
The maximum building height for Zone 1 shall be 60 feet.
(2)
The maximum building height for Zone 2 and 3 shall be 35 feet.
(Ord. No. 2014-274, § 1, 5-20-14; Ord. No. 2015-623, § 1, 10-6-15)
Sec. 28-838. - Yard setbacks.
In order to provide a better arrangement of buildings and parking on a site, provide more usable open space, and preserve existing vegetation and other site amenities, the required yard setbacks on a lot in Zone 1 of the district may be reduced provided that plans are submitted to and approved by the plan review committee and the following requirements are met:
(1)
The building must comprise 50 percent of the block face; or the building must exceed a 1:1 ratio to the facades currently existing along the same block face;
(2)
The front or side yard of the building is not adjacent to the front or side yard of a conforming single-family structure;
(3)
All structures must maintain a minimum setback of five feet from all side lot lines; and
(4)
Major urban design elements that are oriented towards the public frontage must be included. Urban design elements may include but are not limited to:
a.
Wide sidewalks (greater than six feet wide).
b.
Streetscape such as street trees, street lighting, and street furniture.
c.
On street parking.
d.
Bicycle parking facilities.
e.
Landscaping.
(Ord. No. 2014-274, § 1, 5-20-14; Ord. No. 2015-623, § 1, 10-6-15)
Sec. 28-838.1 - Lot size.
The following lot size requirement will apply in Zone 3 for single-family dwellings located in a residential zoning district:
(1)
An area of not less than 12,000 square feet per single-family dwelling unit; and a minimum width of 100 feet. On curvilinear streets, on culs-de-sac and in areas where side lot lines are not parallel, lot width may be measured at the building setback line rather than the property line.
(Ord. No. 2015-623, § 1, 10-6-15)
Sec. 28-839. - Sidewalks.
The following sidewalk requirements shall apply throughout the college and university neighborhoods district in addition to section 5.207 in Appendix B Subdivisions and sections 22-61 through 22-84 in article III of chapter 22 of this Code.
(1)
All new developments and substantial renovations must construct and maintain a ten-foot pedestrian way along the pavement of the street.
a.
Zone 1. The pedestrian way must consist of a minimum six-foot sidewalk. Any portion of the pedestrian way that remains unpaved must reside between the sidewalk and the public right-of-way.
b.
Zone 2 and 3. The pedestrian way must consist of a minimum five-foot sidewalk and a minimum four-foot planter strip between the sidewalk and the public right-of-way.
c.
If the paved portion of the pedestrian way exceeds eight feet wide then streetscape and landscaping must be incorporated into the design of the pedestrian way.
(Ord. No. 2014-274, § 1, 5-20-14; Ord. No. 2015-623, § 1, 10-6-15)
Sec. 28-840. - Landscaping.
The following landscape requirements will apply throughout the college and university neighborhoods district in addition to the requirements in sections 28-218 through 28-224:
(1)
Screening.
a.
A landscape buffer/screening at least four feet wide must be provided when a new development or substantial renovation occurs adjacent to a conforming single-family residential structure as defined in this chapter.
b.
Screening must consist of a landscape barrier that effectively screens with an initial height of three feet and at least four feet wide, or a wood or masonry fence erected in a four-foot wide planter bed with additional shrubs the length of the fence. A wood or masonry fence must be a minimum of four feet in height.
(2)
The site coverage and required open space must meet the minimum requirements described in section 28-216 except that a portion, not to exceed 25 percent, of the required open space of a lot may be substituted for the following amenities:
a.
Plazas.
b.
Porches.
c.
Covered bicycle parking.
d.
Pedestrian walkways.
e.
Preservation of mature trees.
(Ord. No. 2014-274, § 1, 5-20-14; Ord. No. 2015-623, § 1, 10-6-15)
Sec. 28-841. - Parking.
Except as otherwise provided in section 28-835, the following parking requirements will apply throughout the college and university neighborhoods district in addition to article VII of this chapter and except for lots with frontage onto Interstate Highway 35. La Salle Ave., Loop 340 and Business 77:
(1)
No accessory parking spaces or required parking aisle space may reside between a façade fronting a public right-of-way and the property line along the public right-of-way except for properties fronting on a collector or arterial street where on-street parking is not permitted. In this case, 50 percent of the front yard may be used for parking space if the requirements of subsection (2) of this section are met.
(2)
All open air accessory parking spaces must be screened from the public right-of-way and adjacent properties with conforming single-family structures. Screening must consist of a landscape barrier at least four feet wide that effectively screens with an initial height of three feet, or a wood or masonry fence erected in a four-foot wide planter bed with additional shrubs the length of the fence. A wood or masonry fence must be a minimum of four feet in height.
(3)
Number of parking spaces required for residential dwelling units shall equal one space per bedroom.
(4)
The substitution of multi-modal transportation elements for up to 20 percent of the required parking may be approved by staff during the plan review process if it can be demonstrated by the applicant that parking will be adequate to serve the demand of the site either on site or through an approved shared parking arrangement. Multi-modal transportation elements must include facilities such as:
a.
Protected on-street parking.
b.
Public/private covered bicycle parking facilities.
c.
Transit stop facilities.
d.
Pedestrian lighting.
e.
Eight-foot wide sidewalks.
(5)
Developments in Zone 1 may count protected on-street parking spaces built to the requirements set forth in the parking and access design standards and policies for site development of the city as required parking.
(Ord. No. 2014-274, § 1, 5-20-14; Ord. No. 2015-623, § 1, 10-6-15)
Sec. 28-842. - Architectural requirements.
Except as otherwise provided in section 28-835, the following architectural requirements will apply throughout the college and university neighborhoods district in addition to the requirements of section 28-223:
(1)
Front building facades must maintain a minimum of 30 percent openings in the wall which must consist of windows and doors. A side building facade located on a corner lot must maintain a minimum of 15 percent openings in the wall which must consist of windows and doors.
(2)
Primary and accessory building materials must remain complimentary to each other, and of the surrounding character of similar structures.
(3)
All structures must have at least one primary entrance.
(4)
Utility, mechanical, and HVAC facilities shall be screened from public view.
(5)
Solid waste carts and dumpsters:
a.
All solid waste carts and dumpsters shall be screened from public view.
b.
Solid waste cart or dumpster enclosures may not reside between a building façade fronting a public right-of-way and the property line along the public right-of-way.
(Ord. No. 2014-274, § 1, 5-20-14; Ord. No. 2015-623, § 1, 10-6-15)
Sec. 28-856.- Purpose.
The neighborhood conservation district is intended to encourage the continued vitality of older residential areas of the city, to promote the development of a variety of new housing of contemporary standards in existing neighborhoods, and to maintain a desirable residential environment and scale. Additional site development standards applicable to the district are intended to promote infill development of a compatible residential scale and to encourage provision of adequate open space and site amenities.
(Ord. No. 1986-49, § 1(4.2303(a)), 9-16-86)
Sec. 28-857. - Zoning classification.
The neighborhood conservation district is an overlay district and its regulation shall be applicable to each property within the district in addition to the regulations of the base district classification in which such property is located. The zoning classification of each property shall be designated by the base district classification plus the neighborhood conservation district designation (NC). For example a property in a R-2 district within the neighborhood conservation district will carry an R-2 (NC) designation.
(Ord. No. 1986-49, § 1(4.2303(b)), 9-16-86)
Sec. 28-858. - Application of regulations.
Within the neighborhood conservation district, the regulations of each respective base district shall continue to apply to property located in that district, except as expressly supplemented or modified herein.
(Ord. No. 1986-49, § 1(4.2303(c)), 9-16-86)
Sec. 28-859. - Uses.
(a)
Permitted uses and uses allowed by special use permit in the neighborhood conservation district shall be those specified for the base district in which a property is located, except as expressly modified herein.
(b)
The following uses shall be permitted uses provided the requirements of section 28-171 are met and provided that no more than 20 percent of any block frontage shall be occupied by such additional permitted uses:
(1)
In an R-1A or R-1B district. Attached single-family dwellings, duplex dwellings, and townhouse dwellings containing not more than four dwelling units.
(2)
In an R-2 district. Townhouse dwellings containing not more than four dwelling units.
(c)
The following uses shall be prohibited:
(1)
In a C-3 district. Automobile sales, except on a lot with frontage on a primary arterial.
(Ord. No. 1986-49, § 1(4.2303(d)), 9-16-86; Ord. No. 1987-25, §§ 3, 4, 5-12-87; Ord. No. 1990-60, § 1, 12-18-90)
Sec. 28-860. - Lot area, height, yard requirements.
Lot area, height, and yard requirements applicable to a use in the neighborhood conservation district shall be those specified for the base district except for the following requirements which shall apply to those uses permitted under section 28-859.
(1)
For attached single-family dwellings there shall be a minimum lot area of 5,250 square feet and minimum width of 50 feet. Required yards shall be as provided in the R-1C district, except that no side yard adjacent to a lot in an R-1A or R-1B district shall be less than five feet in width.
(2)
For two-family dwellings, there shall be a lot area of not less than 7,500 square feet and a lot width of not less than 50 feet. Required yards shall be as provided in the RIC district.
(3)
For townhouse dwellings, there shall be not less than 3,600 square feet of lot area for each townhouse dwelling unit; and the minimum lot width and required yards shall be as provided in the R-3A district.
(Ord. No. 1986-49, § 1(4.2303(e)), 9-16-86; Ord. No. 1987-25, §§ 3, 4, 5-12-87; Ord. No. 1990-60, § 2, 12-18-90)
Sec. 28-861. - Compliance standards.
Each use in the neighborhood conservation district shall comply with all other regulations of the base district in which it is located with the site development standards contained in article III of this chapter and with the following additional standards:
(1)
Building relationships and scale. A compatible massing of proposed buildings and appropriate scale in relation to adjacent structures shall be accomplished through one or more of the following:
a.
The introduction of architectural elements or features that create a variety of scale relationships.
b.
The use of materials that are consistent with the predominant building materials of adjacent structures.
c.
The maintenance of continuity in major architectural elements such as roof lines or length of walls reflecting the residential scale of adjacent structures.
d.
The use of elements or details that are sympathetic to architectural features or style of structures on adjoining properties.
e.
Avoidance of excessive lengths of unbroken wall planes and roof surfaces.
(2)
Open space. Usable open space shall be provided on at least 25 percent of each lot occupied by a residential use, either as private open space provided for each individual dwelling unit or as common open space accessible to all residents of a dwelling.
(3)
Traffic and access. Provision shall be made for ingress, egress and off-street parking which will be compatible with the residential character of adjacent development, and will conform to the visual character of the residential streetscape, where appropriate, as follows:
a.
Where a lot abuts a public alley, vehicular access shall be provided at the rear of a lot.
b.
Where a corner lot does not abut a public alley, vehicular access shall be provided from the secondary lot frontage.
c.
Where a lot does not abut a public alley, access to any public right-of-way shall be limited to not more than one driveway for each lot.
d.
Driveways shall be located at least two feet off the side property line.
e.
All off-street parking areas containing more than two spaces shall be located to the rear of the front building line or lines, and shall be completely screened from view of any adjacent single-family residence by a fence or permanent all-season landscape screen to a height of six feet.
(Ord. No. 1986-49, § 1(4.2303(f)), 9-16-86; Ord. No. 1987-25, §§ 3, 4, 5-12-87; Ord. No. 1990-60, § 3, 12-18-90)
Sec. 28-862.- Purpose.
The airport overlay district is intended to regulate the development of noise sensitive land uses, promote compatibility between activities at the Waco Regional Airport and the surrounding land uses, protect the airport from incompatible encroachment and to promote the good, health, safety and general welfare of property users surrounding the Waco Regional Airport.
(Ord. No. 1997-8, § 1, 3-18-97)
Sec. 28-863. - Definitions.
The following words, terms, and phrases, when used in division 26 of article IV of this chapter, shall have the meaning ascribed to them in this section:
Airport means the Waco Regional Airport.
Board of adjustment means the board consisting of five members appointed by the city council as provided by V.T.C.A., Local Government Code, § 241.032.
Centerline means a line extending through the midpoint of each end of a runway.
Compatible land use means the use of land adjacent to an airport that does not endanger the health, safety, or welfare of the owners, occupants or users of the land because of levels of noise or vibrations or because of the risk of personal injury or property damage created by the operations of the airport, including take-off and landing of aircraft.
Controlled compatible land use area means the area within which airport land use compatibility controls may be instituted, as defined by V.T.C.A., Local Government Code, § 241.003. The controlled area is located outside the airport boundaries and within an area measured no farther than 1½ statute miles from the centerline of the Waco Regional Airport runways and lines located no farther than five statute miles from each end of the paved surface of the runways.
Instrument runway means existing or planned runway(s) of at least 3,200 feet for which there is or is planned to be an instrument landing procedure published by a defense agency of the federal government or by the Federal Aviation Administration.
Landing area means the surface area of the airport used for the landing, take-off, or taxiing of aircraft.
Ldn (yearly day-night average sound level) means the 24-hour average sound level, in decibels, for the period from midnight to midnight, obtained after the addition of ten decibels to sound levels for the periods between midnight and 7:00 a.m. and between 10:00 p.m. and midnight and averaged over a span of one year. A mathematical definition of Ldn can be found in Federal Aviation Regulation Part 150, Section A150.201.
Noise level reduction means the amount of noise level reduction achieved through incorporation of noise attenuation measures in the design and construction of structures.
Nonconforming use means any structure, object, natural growth or use of land which is inconsistent with the provisions of this division or an amendment thereto.
Person means an individual, firm, partnership, corporation, company, association, joint stock association or body politic, and includes a trustee, receiver, assignee, administrator, executor, guardian, or other representative.
Runway means a defined area of an airport prepared for landing and take-off of aircraft along its length.
Structure means an object, constructed or installed by one or more persons and includes a building, tower, smokestack, and overhead transmission line.
(Ord. No. 1997-8, § 1, 3-18-97)
Sec. 28-864. - Zoning classification.
(a)
The airport overlay district is an overlay district and its regulations shall be applicable to each property within the district in addition to the regulations of the base district classification in which such property is located. The overlay zoning is divided into three zones and are indicated in section 28-875, "Airport overlay zones." The zoning classification of each property shall be designated by the base district classification plus the airport overlay (AO) designation. For example, a property in an O-2 district within the airport overlay district will carry an O-2 (A 1, 2, or 3) designation.
(b)
Within the airport overlay district, the regulations of each respective base district shall continue to apply to property located in that district, except as expressly supplemented or modified herein.
(c)
Each use in the airport overlay district shall comply with all site development standards contained in article III of this chapter, and shall also comply with the following additional standards listed herein.
(Ord. No. 1997-8, § 1, 3-18-97)
Sec. 28-865. - Airport noise zones.
(a)
Airport noise zones are established within the controlled compatible land use area for the purpose of regulating the development of noise sensitive land uses, to promote compatibility between the airport and surrounding land uses, and to protect the airport from incompatible encroachments.
(b)
Zones. The boundaries of said zones are established as shown in section 28-875, "Airport overlay zones" and are identified as follows:
(1)
Airport overlay—1 (AO-1) is that area within the controlled compatible land use area between the 65 Ldn and the 70 Ldn noise contours.
(2)
Airport overlay—2 (AO-2) is that area within the controlled compatible land use area between the 70 Ldn and the 75 Ldn noise contours.
(3)
Airport overlay—3 (AO-3) is that area within the controlled compatible land use area beyond the 75 Ldn noise contour.
(c)
Compatible land uses. Compatible uses permitted within the airport noise zones are shown in section 28-874, "Compatible land uses table" provided herein.
(Ord. No. 1997-8, § 1, 3-18-97)
Sec. 28-866. - Additional land use restrictions.
Notwithstanding any other provisions, no use shall be made of land within any zone established herein in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise endanger or interfere with the safe landing, taking off or maneuvering of aircraft intending to use the airport.
(Ord. No. 1997-8, § 1, 3-18-97)
Sec. 28-867. - Nonconforming uses.
(a)
Regulations not retroactive. The regulations prescribed by this division shall not be construed to require changes in land use or the removal or other change or alteration of any structure not conforming to the regulations as of the effective date of this division or otherwise interfere with the continuance of any nonconforming use. Nothing herein contained shall require any change in construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this division and whose completion is diligently pursued. For purposes of this division, permitted nonconforming structures shall include all phases or elements of a multi-phase structure, whether or not actual construction has commenced, which has received a determination of no hazard by the Federal Aviation Administration under Part 77 of the Federal Aviation Regulation (14 Code of Federal Regulations, Part 77) before the airport zoning regulations were adopted or amended under the airport zoning act.
(b)
Exceptions for residential uses.
(1)
Existing residences. Notwithstanding any other provisions of this division, all residential uses located within the airport noise zones which were lawfully existing on the effective day of this division may be repaired and enlarged provided the number of dwelling units is not increased.
(2)
Vacant lots. Vacant platted lots which are zoned for single-family residential uses may be used for single-family residences providing they conform to all other applicable requirements of this division. Such lots may not be subdivided into more than one additional lot for single-family residential use.
(3)
Lots may be subdivided for development and used for residential purposes on any residentially zoned tract or any tract used for residential purposes outside the city limits if a portion of the tract falls outside the overlay zones and the remaining portion is located in the AO-1 district only. New residential structures within the AO-1 district must achieve an outdoor to indoor noise level reduction of at least 25 dB.
(c)
Reconstruction. Any nonconforming use which is damaged or destroyed by fire, flood, explosion, wind, earthquake, war, riot, or other calamity may be reconstructed and used as it was before such happening.
(Ord. No. 1997-8, § 1, 3-18-97)
Sec. 28-868. - Permits.
(a)
Future uses. No change shall be made in the use of land and no structure shall be erected or otherwise established in any zone hereby created unless a permit therefor shall have been applied for and granted by the chief building official. Each application for a permit shall indicate the purpose for which the permit is desired with sufficient particularity to permit it to be determined whether the resulting use or structure would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this division shall be granted unless a variance has been approved in accordance with section 28-868(c).
(b)
Variances. Any person desiring to use his or her property in violation of the regulations prescribed in this division may apply to the board of adjustment for a variance from such regulations in question. Such variance shall be allowed where it is duly found that a literal application or enforcement of regulations will result in unnecessary hardship and the relief granted would not be contrary to the public interest, but would do substantial justice and be in accordance with the spirit and purposes of this division.
(Ord. No. 1997-8, § 1, 3-18-97)
Sec. 28-869. - Enforcement.
It shall be the duty of the city chief building official to administer and enforce the regulations prescribed herein. Applications for permits shall be made to the chief building official upon a form furnished by him or her. Applications required by this division to be submitted to the chief building official shall be promptly considered and granted or denied. Applications for action by the board of adjustment shall be forthwith transmitted by the chief building official to the city planning department.
(Ord. No. 1997-8, § 1, 3-18-97)
Sec. 28-870. - Board of adjustment.
(a)
The board of adjustment is hereby designated as the City of Waco Board of Adjustment:
(1)
To hear and decide appeals from any order, requirement, decision or determination made by the chief building official in the enforcement of this division;
(2)
To hear and decide special exceptions to the terms of this division upon which such board of adjustment under such regulations may be required to pass; and
(3)
To hear and decide specific variances.
(b)
Members. The board of adjustment shall consist of the city board of adjustment as established in the city zoning ordinance and V.T.C.A., Local Government Code § 211.008. The board of adjustment shall consist of five citizens of the city appointed by the city council for a term of two years, which term shall be deemed extended until a successor is appointed and qualified to serve on such board.
(c)
Rules for governance and procedure. The board of adjustment shall adopt its own rules of order and procedure to regulate both the actual meetings of the board and the activities directly related thereto. The rules shall deal only with procedural matters and shall be available to the public and kept on file with the city planning director. All cases to be heard by the board of adjustment will be heard by a minimum four members or alternate members.
(d)
Written findings. The board of adjustment shall make written findings of fact and conclusions of law stating the facts upon which it relied when making its legal conclusions in reversing, affirming, or modifying any order, requirement, decision or determination which comes before it under the provision of this division.
(e)
Voting. The concurring vote of four members of the board of adjustment shall be necessary to reverse any order, requirement, decision or determination of the chief building official or to decide in favor of the applicant on any matter under this division or to effect any variation in this division as provided by the airport zoning act, as amended, V.T.C.A., Local Government Code § 241.032(d).
(Ord. No. 1997-8, § 1, 3-18-97)
Sec. 28-871. - Appeals.
(a)
Grievances. Any person aggrieved, or any taxpayer affected, by any decision of the building official made in administration of this division, or the city council if of the opinion that a decision of the building official is improper application of these regulations, may appeal to the board of adjustment.
(b)
Reasonable time of appeal. All appeals hereunder must be taken within a reasonable time as provided by the rules of the board of adjustment, by filing with the building official a notice of appeal specifying the grounds thereof. The building official shall forthwith transmit to the board of adjustment all the papers constituting the record upon which the action appealed from was taken.
(c)
Stays. An appeal shall stay all proceedings by any party in furtherance of the decision appealed from, unless the chief building official certifies to the board of adjustment, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate, a stay would, in the opinion of the chief building official cause imminent peril to life or property. In such case, proceedings shall not be stayed except by order of the board of adjustment on notice to the chief building official and on due cause shown.
(d)
Hearings. The board of adjustment shall fix a reasonable time for hearing appeals, given public notice and due notice to the parties in interest and decide the same within a reasonable time. Upon the hearing, any party may appear in person, by agent, or by attorney.
(e)
Reversal or affirmation of orders. The board of adjustment may, in conformity with the provisions of this division, reverse or affirm, in whole or in part, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination, as may be appropriate under the circumstances.
(Ord. No. 1997-8, § 1, 3-18-97)
Sec. 28-872. - Judicial review.
Any person aggrieved, or any taxpayer affected, by any decision of the board of adjustment, or the city council that believes a decision of the board of adjustment is illegal, may appeal to a court of competent jurisdiction, as provided by the airport zoning act, as amended, V.T.C.A., Local Government Code §§ 241.041—241.043.
(Ord. No. 1997-8, § 1, 3-18-97)
Sec. 28-873. - Enforcement and remedies.
The city may institute in any court of competent jurisdiction, an action to prevent, restrain, correct or abate any violation of this division or of any order or ruling made in connection with its administration or enforcement including, but not limited to, an action for injunctive relief as provided by the airport zoning act, as amended, V.T.C.A., Local Government Code § 241.044.
(Ord. No. 1997-8, § 1, 3-18-97)
Sec. 28-874. - Compatible land uses table.
Legend:
Y(Yes)—Land use and related structures compatible without restrictions.
N(No)—Land use and related structure not compatible and is prohibited.
25, 30, 35—Land use and related structures generally compatible; measures to achieve noise level reduction (NLR), outdoor to indoor, of 25, 30 or 35 must be incorporated into design and construction.
(1)
Where the community determines that residential uses must be allowed, measures to achieve outdoor to indoor noise level reduction (NLR) of at least 25 dB and 30 dB must be achieved.
(2)
Compatible where measures to achieve NLR of 25 are incorporated into the design and construction of portions of buildings where the public is received, office areas, noise sensitive areas or where the normal noise level is low.
(3)
Compatible where measures to achieve NLR of 30 are incorporated into the design and construction of portions of buildings where the public is received, office areas, noise sensitive areas or where the normal noise level is low.
(4)
Compatible where special sound reinforcement systems are installed.
(5)
Prime use only, any residential buildings require an NLR of 25 to be compatible.
(6)
Prime use only, any residential buildings require an NLR of 30 to be compatible.
(7)
Prime use only, NLR for residential buildings not feasible, and such use is prohibited.
(Ord. No. 1997-8, § 1, 3-18-97)
Sec. 28-875. - Airport overlay zone map.
[The airport overlay zone map is kept on file in the city secretary's office and is hereby incorporated by reference and made a part of this division.]
(Ord. No. 1997-8, § 1, 3-18-97)
Sec. 28-876.- Purpose.
The West End District is intended to encourage the stabilization and revitalization of this mixed- use area between downtown and the residential portion of the Austin Avenue neighborhood. Regulations of the district are designed to provide flexibility in site development standards in order to encourage redevelopment of the area without sacrificing quality and neighborhood compatibility.
(Ord. No. 2005-0038, § 3, 1-4-05)
Sec. 28-877. - Zoning classification.
The West End District is an overlay district and its regulations shall be applicable to each property within the district in addition to the regulations of the base R, O, C or M district classification in which such property is located. The zoning classification of each property shall be designated by the base district classification plus the West End District designation (WE). For example, a property in an R-3C district within the West End District will carry an R-3C (WE) designation.
(Ord. No. 2005-0038, § 3, 1-4-05)
Sec. 28-877.1. - District boundary and map.
(a)
The West End District boundaries are described as follows:
Beginning at the alley south of Washington at N. 14 th Street west along the alley to the centerline of S. 18 th St;
Thence, South along the centerline of S. 18 th Street to the alley south of Austin Avenue;
Thence, West along said alley to the centerline of N. 26 th Street;
Thence, North along the centerline of N. 26 th Street to the alley North of Columbus Avenue;
Thence, East along said alley to the centerline of N. 14 th Street;
Thence, South along the centerline of N. 14 th Street back to the beginning point at the alley South of Washington.
(b)
The West End District Zone map shall be kept on file in the city secretary's office and is hereby incorporated by reference and made a part of this division.
(Ord. No. 2009-366, § 5, 7-7-09)
Sec. 28-878. - Application of regulations.
Within the West End District, the regulations of each respective base district shall continue to apply to property located in that district, except as expressly supplemented or modified herein.
(Ord. No. 2005-0038, § 3, 1-4-05)
Sec. 28-879. - Uses.
Permitted uses and uses allowed by special permit in the West End District shall be those specified for the base district in which a property is located.
(Ord. No. 2005-0038, § 3, 1-4-05)
Sec. 28-880. - Parking.
Parking requirements for commercial and office uses shall be reduced by 50 percent.
(Ord. No. 2005-0038, § 3, 1-4-05)
Sec. 28-880.1. - Planned unit development.
The minimum size for a PUD in the west end district shall be one-half-acre.
(Ord. No. 2005-0038, § 3, 1-4-05)
Sec. 28-880.2.- Purpose.
The Downtown District is intended to provide for a mix of land uses that will promote a downtown where people can live, work, and play within its boundaries, create a place that values the architectural history of our community while encouraging the best of contemporary design, to encourage human interaction through creating a safe and attractive pedestrian friendly environment and to promote the good, health, safety and general welfare of property users surrounding the downtown area.
(Ord. No. 2009-367, § 4, 7-7-09)
Sec. 28-880.3. - Definitions.
The following words, terms, and phrases, when used in this chapter, shall have the meaning ascribed to them in this section:
Arcade—A frontage wherein the façade is a colonnade that overlaps the sidewalk, while the façade at sidewalk level remains at the frontage line.
Awning—A covering of canvas or other material extending over a doorway, or the top of a window or extended the entire width of a facade.
Block-face consists of the properties along one side of a street between two consecutive intersections.
Build-to-line—The distance between the property line and the building.
Commercial—The term collectively defining workplace, office, retail, and lodging functions.
Downtown Façade Design Standards—A guidebook that provides basic standards to improve building facades and make other structural and visual improvements to downtown buildings. A copy of the guide book maybe obtained from the director of planning services.
Façade—The exterior wall of a building that is set along a frontage line.
Forecourt—A frontage wherein a portion of the facade is close to the frontage line and the central portion is set back. The forecourt created is suitable for vehicular drop-offs.
Frontage—The land between a building and the street, inclusive of its built and planted components.
Frontage lines—A lot line bordering a public frontage. Facades facing frontage lines define the public realm and are therefore more regulated than the elevations facing other lot lines.
Front street—The street on which a building's principal entrance is located.
Function—The use or uses accommodated by a building and its lot.
Gallery—A frontage wherein the façade is aligned close to the frontage line with an attached cantilevered shed or a lightweight colonnade overlapping the sidewalk.
Infill lot—A lot within a block face that at least 35 percent or more is occupied by existing repairable building(s).
Linear building—A building specifically designed to mask a parking lot or a parking structure from a frontage.
Lot line—The legal boundary line of a parcel of land.
Monument sign—A sign which has a majority of the structure's width in contact with the ground.
Pedestrian easement—A legally recorded easement granted to the city for use by the general public.
Permittee—A person issued a street furnishing, projecting sign, or sidewalk sign permit.
Principal building—The main building on a lot, usually located toward the frontage.
Private frontage—The privately held area between the frontage line and the principal building façade.
Projecting sign—A sign which projects over the public sidewalk and is supported by the wall of a building.
Property line—A recorded boundary of a plot of land.
Public frontage—The area between the curb of the vehicular traffic lanes and the frontage line.
Public street amenities include but are not limited to publicly owned signs, traffic signal poles, lamp posts, trees, landscape beds, benches, fencing, trash receptacles, kiosks, bus shelters or bike racks.
Pylon sign—A sign which is separated from ground level by means of one or more supports, poles, or columns.
Residential—Characterizing premises available for long-term human dwelling.
Shop front and awning—A frontage wherein the façade is aligned close to the frontage line with the building entrance at sidewalk grade.
Side street—Any street adjacent to a land parcel on which a building is located other than the front street.
Street furnishings—Any privately owned item, amenity, or decoration placed in the public right-of-way or a pedestrian easement for private interests.
Substantial renovation shall be determined by the following ratios:
Maintenance items such as roof repair or replacement, HVAC repair and replacement, electrical and plumbing repair, foundation stabilization, masonry repair, replacement of rotten wood, and repair of existing windows and doors that do not significantly change the architectural character of a building shall not, in and of themselves, be considered substantial renovation.
Stoop—A frontage wherein the façade is aligned close to the frontage line with the first story elevated from the sidewalk sufficiently to secure privacy for the windows.
Streetscape—The treatment of a street as it relates to pedestrian activity. This includes sidewalks, lighting, trees, pavers, and other amenities that enhance the pedestrian experience on a street.
Street screen—A freestanding wall built along the frontage line, or coplanar with the façade. It may mask a parking lot from the thoroughfare, provide privacy to a side yard, and/or strengthen the spatial definition of the public realm.
Terrace or light court—A frontage wherein the façade is set back from the frontage line by an elevated terrace or sunken light court.
An illustrated guide of terms may be obtained from the director of planning services.
(Ord. No. 2009-367, § 4, 7-7-09; Ord. No. 2011-345, § 1, 7-5-11; Ord. No. 2012-184, § 1, 4-17-12; Ord. No. 2015-354, § 1, 6-2-15)
Sec. 28-880.4. - Zoning classification.
(a)
The Downtown District is an overlay district and its regulations shall be applicable to each property within the district in addition to the regulations of the base R, O, C, or M District classification in which such property is located. The overlay zoning district is divided into two zones as fully described in section 28-880.16 "Downtown District Zones." The zoning classification of each property shall be designated by the base district classification plus the downtown (D) designation. For example, a property zoned C-4 within the downtown district will carry a C-4 (D1 or D2) designation.
(b)
Each project in the Downtown District shall comply with all site development standards contained in article III of this chapter for each use, and shall also comply with the following additional standards listed herein.
(c)
The establishment of the Downtown District will amend and supersede the current boundaries of the West End district and the Brazos River Corridor to the extent that said boundaries overlap.
(Ord. No. 2009-367, § 4, 7-7-09)
Sec. 28-880.5. - Application of regulations.
(a)
The applicable provisions of the Code of Ordinances for each respective base district shall continue to apply to property located within the Downtown District, except as expressly supplemented or modified herein.
(b)
Zone 1, Downtown District—All regulations herein apply to this zone.
(c)
Zone 2, Downtown District—The following regulations of this division apply in Zone 2:
(1)
(2)
Subsection 28-880.7(b);
(3)
Subsection 28-880.7(i);
(4)
Subsection 28-880.9(a);
(5)
Subsection 28-880.9(c);
(6)
(7)
(8)
(9)
(d)
The Downtown District regulations shall apply to any properties formerly located within the boundaries of any portion of the West End District or the Brazos River Corridor included within the newly established Downtown District.
(Ord. No. 2009-367, § 4, 7-7-09; Ord. No. 2011-345, § 2, 7-5-11)
Sec. 28-880.6. - Uses.
(a)
Permitted uses and or uses allowed by special permit in the Downtown District shall be those uses specified for the base district in which a property is located, except as specified below.
(b)
In all base-zoning districts where residential uses are allowed by right, a density of 40 units per acre shall be permitted.
(c)
The following uses are specifically prohibited in the Downtown District:
(1)
HUD-Code manufactured homes.
(2)
Dispensing or serving of food and beverages directly to consumers in motor vehicles, except where property has frontage on Interstate 35.
(3)
Television and radio broadcasting towers.
(4)
Automobile sales (except where no outside display or storage occurs.)
(5)
Repair and servicing of automobiles and other passenger vehicles (except where no outside repair or storage occurs).
(6)
Automobile rental (except as incidental to primary use).
(7)
Automobile car-washing establishments (except as incidental to primary use).
(8)
Heavy machinery storage, rental, sales and repair.
(9)
Machinery, farm sales, repairing and overhauling.
(10)
HUD-Code manufactured home sales.
(11)
Warehouse storage.
(12)
Lumberyards.
(13)
Roofing sales and service.
(14)
Contractor's shop.
(15)
Tire retreading, recapping or rebuilding.
(16)
Self-storage warehouses.
(17)
Motor freight and truck service terminals.
(18)
Sand and gravel extraction except from the bed of the river.
(19)
Junkyards, automobile wrecking yards, salvage yards and scrap operations.
(20)
Storage or refining of petroleum or its products.
(21)
Sexually-oriented businesses.
(22)
Outside open storage (screened and unscreened).
(23)
Building materials, retail.
(24)
Recreation vehicle (RV) parks.
(25)
Well drilling shop.
(Ord. No. 2009-367, § 4, 7-7-09)
Sec. 28-880.7. - Building design specifications.
(a)
Awnings. Awnings may encroach over the sidewalk to within four feet of the curb depending on the proximity to features such as traffic signals, lampposts, and street trees and must clear the sidewalk vertically by a minimum of eight feet, subject to approval from building official.
(b)
Boarded-up windows. Boarded-up windows on the first floor of a building façade that fronts on a street are prohibited, except as follows:
(1)
Buildings that have been determined to be unrepairable and tagged accordingly by inspection services.
(2)
Time of compliance:
a.
Existing buildings with boarded-up windows on the first floor will have six months from the effective date of this division to comply with the regulations herein.
b.
Existing buildings with boarded-up windows along Elm Avenue and Bridge Street will have 24 months from the effective date of this division to comply with the regulations herein.
(3)
Nothing in this section shall preempt enforcement of any city ordinance or state law with respect to the regulation of unsafe structures.
(c)
Building height.
(1)
The minimum height for a one-story building shall be 22 feet.
(2)
The maximum height for a building on an infill lot shall be no more than three stories above the tallest building on the block-face.
(3)
The interior height of the first floor of a commercial use structure shall be a minimum of 12 feet from finished floor to finished ceiling for any new buildings and/or buildings undergoing substantial renovation.
(d)
Building set back.
(1)
The build-to-line shall be zero for 80 percent of the width of the building's façade on a front street and for 30 percent of a building's façade on a side street. Exceptions to this requirement may be permitted where angle parking adjoining the street is constructed on private property, subject to the approval of the directors of planning and engineering services.
(2)
Structures on an infill lot shall match the build-to-line of the existing adjacent building that is built closest to the property line.
(e)
Building width. The maximum building width for an infill lot shall be no wider that the widest existing building on the block-face, except in circumstances where the enforcement of this provision may result in the creation of unusable land parcels.
(f)
Façade glazing. All façades shall be glazed with clear glass at a rate of no less than 30 percent on the ground floor for any new buildings and/or buildings undergoing substantial renovation.
(g)
Ground floor finish level.
(1)
The maximum ground floor finish level for a commercial use structure shall be six inches above the sidewalk, except that properties located in the floodplain are subject to the additional requirements of section 11-62.
(2)
The maximum ground floor finish level for a residential use structure shall be 36 inches above the sidewalk, except where topography of a lot requires lower/higher finish floor levels.
(h)
Loading and service entries. Loading and service entries may not face the street for any new buildings and/or buildings undergoing substantial renovation.
(i)
Metal buildings. Pre-engineered metal buildings shall not be permitted.
(j)
Primary entrance location. The primary entrance location shall be on the front building façade facing the street for any new buildings and/or buildings undergoing substantial renovation.
(k)
Private frontage. Private frontage may be in the form of a terrace or dooryard, forecourt, stoop, shopfront and awning, gallery or arcade.
(Ord. No. 2009-367, § 4, 7-7-09)
Sec. 28-880.8. - Infill lots.
(a)
All development on infill lots shall comply with the Downtown Façade Design Standards Manual.
(b)
Where there is a conflict between the provisions of this ordinance and the Downtown Façade Design Standards Manual, the Downtown Façade Design Standards Manual shall prevail in the restoration of an architecturally or historically significant structure.
(c)
The principal entrance of an infill development must be located on the street which a majority of the existing buildings on a block-face have their principal entrance.
(Ord. No. 2009-367, § 4, 7-7-09)
Sec. 28-880.9. - Parking and access.
(a)
Parking requirements for renovation of existing buildings shall be reduced by 20 percent of the base district requirement.
(b)
Off-street surface parking shall be located behind buildings, underground, or in a parking structure subject to the following requirements:
(i)
An existing parking lot(s) that serves a building that is undergoing substantial renovation must be substantially screened from view of the street by a 3.5 to eight foot street screen.
(ii)
Openings in the streetscreen shall be no wider than six feet to allow for pedestrian access.
(iii)
Landscaping and/or fencing may be substituted for a street screen based on compatibility with existing development on the street and /or the visibility of the landscaping and/or fencing from the public right-of-way subject to the approval from the city building official.
(c)
Parking structures fronting on streets shall have linear building lining design on the first story.
(d)
Curb cuts shall be minimized and located at mid-blocks or off of alleys.
(e)
Additional curb cuts shall not be permitted along Austin Avenue between 3 rd and 9 th Streets.
(Ord. No. 2009-367, § 4, 7-7-09)
Sec. 28-880.10. - Signage.
(a)
The following signs shall be permitted in the Downtown District:
(1)
The national or state flag, insignia, legal notices, or fundamental directional or traffic signs which are legally required or necessary to essential functions of government agencies.
(2)
Detached on-premise signs.
(i)
Monument type signs are permitted subject to the following requirements:
(a)
The sign must be on the same lot as the primary structure.
(b)
The area of the sign shall be a maximum of 24 square feet for lots with up to 150 feet of frontage on a public street and 48 square feet for lots having more than 150 feet of frontage.
(c)
The signs shall not encroach into public right-of-way.
(ii)
Pylon signs are permitted subject to the following requirements:
(a)
The sign must be located within 300 feet of Interstate 35 right-of-way line.
(b)
The sign shall be a maximum area of 120 square feet and a maximum height of 35 feet.
(3)
Banners, pennants, balloons or searchlights are permitted subject to the following requirements:
(i)
Signage is permitted for a period not to exceed 10 days for special events.
(ii)
The total number of days for which permits may be issued within one year shall not exceed 40 days.
(iii)
A written sign permit for temporary use shall be obtained from the building official.
(4)
Banners which are incorporated into the architectural design of the building or site.
(5)
Banners on light standards located on public property subject to approval from the city manager's office or his/her designee.
(6)
Shared mobility information signs, shared mobility sponsorship signs, and shared mobility parking areas, are exempt from this provision if approval has been granted pursuant to a contract or agreement with the city.
(b)
Attached on-premise signs shall be limited to one sign per building wall for each occupant or use on the premises subject to the following:
(1)
The cumulative size of all signs may not exceed 10 percent of the wall area.
(2)
Painted signs that consist of at least 35 percent graphic art versus lettering may cover up to 30 percent of a blank side or rear wall.
(3)
Existing or replicated signs of historic or architectural significance shall be exempt from 28-880.10(b).
(c)
Sidewalk signs are permitted subject to the following requirements:
(1)
The sign must be located on the sidewalk directly in front of a building that is built to the property line.
(2)
The sign must be transportable and displayed at a designated location on the sidewalk only during the hours that the business it advertises is open to the public.
(3)
The sign must not create a sight obstruction that poses a safety problem for vehicles and/or pedestrians.
(4)
The sign may not be wider than the lesser of one-third the width of the sidewalk or 30 inches.
(5)
The sign may not be more than four feet high.
(6)
Only one sign shall be permitted per building.
(7)
The sign shall be professionally designed and constructed. Plans for such signs shall be subject to design review and approval of planning services based on compatibility with the surrounding buildings and streetscape.
(8)
Each permittee shall be required to execute a written agreement on a form approved by the city attorney to indemnify and hold harmless the city, its employees, officers and officials against all claims of injury or damage to persons or property arising out of the placement of sidewalk signs in the public right-of-way or pedestrian easement.
No permittee may place a sidewalk sign in the public right-of-way or pedestrian easement without having the required indemnification agreement on file with the city.
(d)
Attached on-premise digital signs are permitted subject to approval of the city's building official.
(e)
Projecting signs are permitted subject to the following requirements and approval of the building official:
(1)
An eight-foot clearance is required between the lowest point of the sign and finished grade of the sidewalk.
(2)
The area of the sign(s) shall be limited to the following maximum:
(i)
Buildings with 50 feet of street frontage or less shall be allowed a maximum size of 16 square feet of projecting sign(s).
(ii)
Buildings with more than 50 feet of street frontage shall be allowed a ratio of one-third square foot of projecting sign(s) for each foot of street frontage up to a maximum of 64 square feet.
Existing or replicated projecting signs of historic or architectural significance shall be exempt from the size requirements.
(3)
A sign 32 square feet or less shall not protrude more than four feet from the building; A sign larger than 32 square feet shall not protrude more than six feet from the building.
(4)
The sign may not extend vertically above the highest point of the building facade upon which it is projecting from.
(5)
The sign shall not exceed 30 feet above the finished grade of the sidewalk.
(6)
Each permittee shall be required to execute a written agreement on a form approved by the city attorney to indemnify and hold harmless the city, its employees, officers and officials against all claims of injury or damage to persons or property arising out of the placement of projecting signs in the public right-of-way or pedestrian easement.
No permittee may place a projecting sign in the public right-of-way or pedestrian easement without having the required indemnification agreement on file with the city.
(Ord. No. 2009-367, § 4, 7-7-09; Ord. No. 2012-184, § 1, 4-17-12; Ord. No. 2015-354, § 2, 6-2-15; Ord. No. 2019-292, § 2, 4-30-19)
Sec. 28-880.11. - Public spaces.
(a)
Streetscape shall be installed along all street frontages in the overlay district subject to the following:
(1)
The design shall be specific to the location of the development within the overlay; and
(2)
The design shall be in accordance with the Downtown Streetscape Guidelines Manual (a copy may be obtained from planning services).
(b)
Sidewalks shall be a minimum of eight feet in width or the width of the adjacent existing sidewalk if the width is greater than eight feet.
(c)
Street lighting shall be designed to be sensitive to "dark sky" principles to protect and preserve the nighttime environment through the use of outdoor lighting fixtures that minimize light pollution.
(d)
Open air vending shall be permitted subject to the provisions of chapter 13, article IX, division 2 of the Code of Ordinances of the City of Waco.
(Ord. No. 2009-367, § 4, 7-7-09)
Sec. 28-880.12. - Street furnishings.
(a)
It shall be unlawful to place street furnishings in the public right-of-way or a pedestrian easement:
(1)
Without a street furnishings permit; or
(2)
In violation of any provision of a street furnishings permit, this section, or any other applicable city ordinance or other law.
(b)
All applicants for a street furnishings permit shall apply for the permit from the inspection services department. A permit fee will be charged at time of issuing the permit. The city council shall set the fee for the permit.
To facilitate the review, the applicant shall submit a site plan describing to scale the following:
(1)
The location of existing public street amenities;
(2)
A pedestrian circulation plan;
(3)
The proposed street furnishings layout;
(4)
Detailed specifications of the proposed street furnishings necessary to adequately describe them, including design, materials, dimensions, and color schemes. Applicants may substitute color photographs for some of the specifications on the site plan where deemed acceptable by the planning services department; and
(5)
The storage location and plan for street furnishings during non-business hours.
(c)
The appropriate city departments shall review all applications. The applicant's site plan, including all components of the site plan listed in subsection (b) above shall be subject to design review and approval by the planning services department based on conformance with this section and compatibility with the surrounding buildings and streetscape. When the review process is complete, the inspection services department will notify the applicant. Any modifications or special conditions and provisions imposed during the review shall be provided to the applicant in writing. When all conditions of the permit have been met, the permit shall be issued by the inspections services department.
(d)
Each permittee shall be required to either:
(1)
Provide to the city evidence that permittee has general liability and property damage insurance in the amount of $100,000.00 that names the city, its employees, officers and officials as additional insureds and that protects the permittee and the additional insureds from all claims of injury or damage to persons or property arising out of the placement of street furnishings in the public right-of-way or pedestrian easement; or
(2)
Execute a written agreement on a form approved by the city attorney to indemnify and hold harmless the city, its employees, officers and officials against all claims of injury or damage to persons or property arising out of the placement of street furnishings in the public right-of-way or pedestrian easement.
No permittee may place any street furnishings in the public right-of-way or pedestrian easement without having either evidence of the required insurance or the required indemnification agreement on file with the city.
(e)
Street furnishings shall only be permitted as an accessory use to a business operating from a permanent structure located on private property. Street furnishings shall be restricted to that portion of the right-of-way or pedestrian easement immediately adjacent to and between the property line(s) of the property upon which the business is located and the curb, edge of a street or vehicle travel path, whichever is applicable. Street furnishings shall not be placed in the area of the right-of-way or pedestrian easement immediately adjacent to and between the property line(s) of adjoining properties. All street furnishings must be placed securely on the sidewalk within the right-of-way or pedestrian easement and may only occupy space in the right-of-way or pedestrian easement during permittee's business hours of operation. Street furnishings must be stored off of the right-of-way or pedestrian easement when the business is closed, but may be stored outside on the permittee's property if such storage location is approved by the city during the review process.
(f)
Pedestrian passageways must be maintained to preserve a minimum width as required under the provisions of the Americans with Disabilities Act.
(g)
No street furnishings shall be attached to any public street amenity including, but not limited to, signs, traffic signals, lamp posts, trees, benches, trash receptacles, kiosks, bus shelters, or bike racks.
(h)
Street furnishings shall not be permanently attached to the public sidewalk unless the applicant or permittee obtains an encroachment agreement with the city authorized by the city council.
(i)
Street furnishings must be properly maintained to ensure safety for the general public as well as promote the aesthetics of the permittee's business operation.
(Ord. No. 2011-345, § 3, 7-5-11)
Sec. 28-880.13. - Fences.
(a)
The use of chain link fences is prohibited.
(b)
The use of barbed wire and/or razor wire fencing is prohibited.
(c)
The following exceptions to the requirements of this section shall apply:
(1)
Chain link fences are allowed on properties abutting alleys if screened from public view by landscaping in accordance with the provisions of section 28-219(b)(2).
(2)
Barbed wire and/or razor wire fencing is allowed in the rear of a property along the property line adjacent to an alley.
(3)
All existing barbed wire and/or razor wire fencing shall have a six-month abatement period and shall be removed no later than six months from the effective date of this division.
(4)
Properties with barbed wire and/or razor wire fencing under an existing lease agreement that terminates after six months of the effective date of this division may make a written request to the building official to extend the abatement period to the end of the lease agreement.
(Ord. No. 2009-367, § 4, 7-7-09; Ord. No. 2011-345, § 4, 7-5-11)
Editor's note— Ord. No. 2011-345, § 4, adopted July 5, 2011, renumbered the former sections 28-880.12—28-880.16 as sections 28-880.13—28-880.17. The historical notation of these sections has been preserved for reference purposes.
Sec. 28-880.14. - Non conforming uses and structures.
(a)
The regulations prescribed by this Downtown District shall not be construed to require changes in land use or the removal or other change or alteration of any structure not conforming to the regulations as of the effective date of this division or otherwise interfere with the continuance of any nonconforming use. All nonconforming uses shall be subject to sections 28-93—28-105.
(b)
All existing boarded-up windows and barbed wire and/or razor wire fences shall not be considered authorized non-conforming structures and shall comply with the abatement provisions contained in subsections 28-880.6(b) and 28-880.12(b).
(Ord. No. 2009-367, § 4, 7-7-09; Ord. No. 2011-345, § 4, 7-5-11)
Note— See editor's note at section 28-880.13.
Sec. 28-880.15. - Permits.
No change in the use of land shall be made and no structure shall be erected or otherwise established in any zone hereby created unless a permit therefore shall have been applied for and granted by the chief building official. Each application for a permit shall indicate the purpose for which the permit is desired with sufficient particularity to permit it to be determined whether the resulting use or structure would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this division shall be granted unless a variance has been approved in accordance with sections 28-93—28-105.
(Ord. No. 2009-367, § 4, 7-7-09; Ord. No. 2011-345, § 4, 7-5-11)
Note— See editor's note at section 28-880.13.
Sec. 28-880.16. - Enforcement.
It shall be the duty of the city chief building official to administer and enforce the regulations prescribed herein. Applications for permits shall be made to the chief building official upon a form furnished by him or her. Applications required by this division to be submitted to the chief building official shall be promptly considered and granted or denied. Applications for action by the board of adjustment shall be forthwith transmitted by the chief building official to the city planning department.
(Ord. No. 2009-367, § 4, 7-7-09; Ord. No. 2011-345, § 4, 7-5-11)
Note— See editor's note at section 28-880.13.
Sec. 28-880.17. - Downtown district boundary and map.
(a)
The Downtown District boundaries will be as follows:
(1)
Zone 1 boundaries:
(i)
West side of the Brazos River:
Beginning at S. University Parks Drive and the alley between Mary and Jackson Avenue west to the assumed alley between S. 3 rd Street and S. 4 th Street;
Thence, southeast along the alley or assumed alley between S. 3 rd Street and S. 4 th Street to the Webster Avenue;
Thence, west along Webster Avenue to the assumed alley between S. 5 th Street and S. 6 th Street;
Thence, northwest along the assumed alley between S. 5 th Street and S. 6 th Street to the alley between Mary Avenue and Jackson Avenue;
Thence, west along the alley between Mary Avenue and Jackson Avenue to S. 8 th Street;
Thence, north along S. 8 th Street to the assumed alley between Franklin Avenue and Mary Avenue;
Thence, west along the assumed alley between Franklin Avenue and Mary Avenue to S. 11 th Street;
Thence, north along S. 11 th Street to alley between Washington and Columbus Avenue;
Thence, east along the alley or assumed alley between Washington Avenue and Columbus Avenue to N. University Parks Drive;
Thence, south along University Parks Drive back to the beginning point at S. University Parks Drive and the alley of Mary and Jackson Avenue
(ii)
East of the Brazos River:
Beginning at S. Martin Luther King Jr. Boulevard and the assumed alley between Bridge Street and Taylor Avenue east to Myrtle Street;
Thence, north along Myrtle Street to the assumed alley between Elm Avenue and Bridge Street;
Thence, east along the assumed alley between Elm Avenue and Bridge Street to Pleasant Street;
Thence, north along Pleasant Street to the Elm Avenue;
Thence, west along Elm Ave to Dallas Street;
Thence, north along Dallas Street to the alley between Elm Avenue and Tyler Street;
Thence, west along the alley or assumed alley between Elm Avenue and Tyler Street to N. Martin Luther King Jr. Boulevard;
Thence, south along Martin Luther King Boulevard back to the beginning at S. Martin Luther King Jr. Boulevard and the assumed alley between Bridge Street and Taylor Avenue
(2)
Zone 2 boundaries:
(i)
West of the Brazos River
(A)
Portion extending south along S. 4 th & 5 th Street from Webster Avenue
Beginning
on Webster Avenue at alley between S. 3 rd Street and S. 4 th Street southeast along alley or assumed alley to the southbound frontage road of Jack Kultgen Freeway (Interstate 35);
Thence,
south along the south bound frontage road of Jack Kultgen Freeway (Interstate 35) to the assumed alley between S. 5 th Street and S. 6 th Street;
Thence,
northwest along the assumed alley between S. 5 th Street and S. 6 th Street to Webster Avenue;
Thence,
east to along Webster Avenue back to the beginning point on Webster Avenue at the alley between S. 3 rd Street and S. 4 th Street
(B)
Portion extending west along Austin Avenue from 11 th Street Avenue
Beginning
at a point along S. 11 th Street at the assumed alley between Austin Avenue and Franklin Avenue, west along the alley or assumed alley between Franklin Avenue and Austin Avenue to S. 18 th Street;
Thence,
north along 18 th Street from the alley between Franklin Avenue and Austin Avenue to the alley between Austin Avenue and Washington Avenue;
Thence,
east along the alley between Austin Avenue and Washington Avenue to N. 11 th Street;
Thence,
south along 11 th Street back to the beginning point along S. 11 th Street at the assumed alley between Austin Avenue and Franklin Avenue
(ii)
East of the Brazos River:
Beginning at a point along Pleasant Street located at the alley between Elm Avenue and Taylor Street, east along the assumed alley between Elm Avenue and Taylor Street to Rose Avenue;
Thence, north along Rose Avenue to the alley between Elm Avenue and Tyler Street;
Thence, west along the alley or assumed alley between Elm Avenue and Tyler Street to Dallas Street;
Thence, south along Dallas Street to Elm Avenue;
Thence, east along Elm Ave to Pleasant Street;
Thence, south along Pleasant Street back to the beginning at a point along Pleasant Street located at the alley between Elm Avenue and Taylor Street.
(b)
The Downtown District zone map is kept on file in the city secretary's office and is hereby incorporated by reference and made a part of this division.
(Ord. No. 2009-367, § 4, 7-7-09; Ord. No. 2011-345, § 4, 7-5-11)
Note— See editor's note at section 28-880.13.
Sec. 28-880.18.- Purpose.
The purpose of the La Salle Avenue Corridor District is to preserve and enhance a business district that is rich in heritage, historic architecture, business activity, and significance as both a destination and a connector. It further aims to guide La Salle Avenue's development into an area that serves existing and future business and property owners; both Waco residents and visitors; and both vehicular and pedestrian travelers.
(Ord. No. 2019-403, § 2, 7-2-19)
Sec. 28-880.19. - Definitions.
The following words, terms, and phrases, when used in this chapter, shall have the meaning ascribed to them in this section:
Commercial means the term collectively defining workplace, office, retail, and lodging functions.
FaCade means the exterior wall of a building that is set along a frontage line.
Frontage means the land between a building and the street, inclusive of its built and planted components.
Frontage lines means a lot line bordering a public frontage. Facades facing frontage lines define the public realm and are, therefore, more regulated than the elevations facing other lot lines.
Front street means the street on which a building's principal entrance is located.
Lot line means the legal boundary line of a parcel of land.
Masonry means a form of construction composed of architectural mason units, brick, stone, stucco, Exterior Insulation and Finish System (EIFS), tile, split-face concrete masonry units, concrete tilt wall, or other similar concrete products.
Principal building means the main building on a lot, usually located toward the front street.
Property line means a recorded boundary of a plot of land.
Public frontage means the area between the curb of the vehicular traffic lanes and the frontage line.
Residential means characterizing premises available for long-term human dwelling.
Side street means any street adjacent to a land parcel on which a building is located other than the front street.
Substantial renovation means includes the renovation of a major component or substantial structural part of real property shall be determined by the following ratios:
*Maintenance items such as roof repair or replacement, HVAC repair and replacement, electrical and plumbing repair, foundation stabilization, masonry repair, replacement of rotten wood, and repair of existing windows and doors that do not significantly change the architectural character of a building shall not, in and of themselves, be considered substantial renovation.
Streetscape means the treatment of a street as it relates to pedestrian activity. This includes sidewalks, lighting, trees, pavers, and other amenities that enhance the pedestrian experience on a street.
(Ord. No. 2019-403, § 2, 7-2-19)
Sec. 28-880.20. - Zoning classification.
The regulations of the La Salle Avenue Corridor District shall be applicable to each property within the district in addition to the regulations of the base R, O, C, or M district classification in which such property is located. The zoning classification of each property shall be designated by the base district classification plus the La Salle Avenue Corridor district designation (LC). For example, a property in an R-3C district within the La Salle Avenue Corridor district will carry an R-3C (LC) designation.
(Ord. No. 2019-403, § 2, 7-2-19)
Sec. 28-880.21. - Application of regulations.
Within the La Salle Avenue Corridor district, the regulations of each respective base district shall continue to apply to property located in that district, except as expressly supplemented or modified herein. These regulations only apply to new development or a substantial renovation to an existing structure. Designated historical landmarks located in the La Salle Avenue Corridor district may be exempt from section "Architectural Requirements."
(Ord. No. 2019-403, § 2, 7-2-19)
Sec. 28-880.22. - Uses.
Permitted uses allowed by right or by special permit in the La Salle Avenue Corridor District shall be those specified for the base district in which a property is located, except that in any R-3 or O-2 district the office and retail uses permitted by right in C-2 may be allowed on the ground floor of a residential mixed-use structure.
(Ord. No. 2019-403, § 2, 7-2-19)
Sec. 28-880.23. - Architectural requirements.
The following architectural requirements will apply to lots with frontage on La Salle Avenue throughout the La Salle Avenue Corridor district for new construction or buildings undergoing substantial renovation:
(1)
Front building facades must maintain a minimum of 30 percent openings in the wall which must consist of windows and doors. A side building faCade located on a corner lot must maintain a minimum of 15 percent openings in the wall which must consist of windows and doors.
(2)
Prohibited exterior building components, if visible from La Salle Avenue, include: burglar bars, and roll down curtains. If not visible from La Salle Avenue, such treatments are allowed.
(3)
All structures must have at least one primary entrance.
(4)
Utility, mechanical, and HVAC facilities shall be screened from public view.
(5)
All solid waste carts and dumpsters shall be screened from public view.
(6)
All vehicles parked overnight shall be screened from public view.
(Ord. No. 2019-403, § 2, 7-2-19)
Sec. 28-880.24. - Building design specifications.
(a)
Boarded-up windows. Boarded-up windows on the first floor of a building facade on a front street are prohibited, except as follows:
(1)
Buildings that have been determined to be unrepairable and tagged accordingly by inspection services.
(2)
Time of compliance: Existing buildings with boarded-up windows on the first floor will have six months from the effective date of this division to comply with the regulations herein.
(3)
Nothing in this section shall preempt enforcement of any city ordinance or state law with respect to the regulation of unsafe structures
(b)
Primary entrance location. The primary entrance location shall be on the front building facade facing the street for any new buildings and/or buildings undergoing substantial renovation.
(c)
Building setback. Structures on an infill lot shall match the build-to-line of the existing adjacent building that is built closest to the property line.
(d)
Loading, service, and garage entries. Loading, service and garage entrances may not face La Salle Avenue for any new buildings and/or buildings undergoing substantial renovation. Clear glass overhead doors are permissible for patio access in lieu of windows.
(e)
Minimum built frontage. Minimum built frontage of new buildings shall comprise 50 percent of the parcel width on which they sit. Building walls exceeding 75 continuous horizontal linear feet shall utilize offsets, such as projections, recesses, and changes in floor level.
(Ord. No. 2019-403, § 2, 7-2-19)
Sec. 28-880.25. - Sidewalks.
The following sidewalk requirements shall apply throughout the La Salle Avenue Corridor district.
(1)
All new developments and substantial renovations must construct and maintain a 10-foot pedestrian walkway along the pavement of the street.
(2)
The pedestrian walkway must consist of a minimum 6-foot sidewalk. Any portion of the pedestrian walkway that remains unpaved must reside between the sidewalk and the public right-of-way.
(3)
If the paved portion of the pedestrian walkway exceeds eight feet wide, then streetscape and landscaping must be incorporated into the design of the pedestrian walkway.
(Ord. No. 2019-403, § 2, 7-2-19)
Sec. 28-880.26. - District boundary and map.
The La Salle Avenue Corridor District map is kept on file in the city secretary's office and is hereby incorporated by reference and made a part of this division.
(Ord. No. 2019-403, § 2, 7-2-19)
Sec. 28-880.27.- Purpose.
The purpose of the Floyd Casey District is to promote the creation of a mixed-use district with a diverse range of housing choice, a pattern of walkable streets and trails, and a commercial core oriented to Valley Mills Drive and Dutton Avenue. The district includes specific development and design regulations that are described in the Floyd Casey Design Book. The regulations are intended to create a cohesive residential neighborhood and mixed-use commercial area that will become a seamless extension of the surrounding urban fabric.
(Ord. No. 2022-847, § 2, 11-1-22)
Sec. 28-880.28. - Definitions.
The following words, terms, and phrases, when used in this chapter, shall have the meaning ascribed to them in this section:
Accessory dwelling unit - A separate additional living un it, providing separate complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, attached or detached from a primary residential unit, on a legally platted single-family lot.
Brownstone - A two-story to three-story attached townhome with its front stoop or porch located close to the street or to a common court, and with its garage or carport accessed from a rear alley.
Brownstone lot - A lot intended for the construction of a brownstone structure with a minimum lot width of 25 feet and a lot area ranging from 2,250 square feet to 2,500 square feet.
Cottage lot - A lot intended for the construction of a single-family detached residential structure with a minimum lot width of 65 feet and a lot area ranging from 5,850 square feet to 6,500 square feet.
Floyd Casey Design Book - A document that provides for the standards to improve all property within the Floyd Casey District, which is hereby adopted by reference. A copy of the Design Book may be obtained from the development services director or the city secretary's office.
Heritage residential lot - A lot intended for the construction of a single-family detached residential structure with a lot area ranging from 17,000 square feet to 20,000 square feet.
Landmark residential lot - A lot intended for the construction of a single-family detached residential structure with a lot area ranging from 13,000 square feet to 15,000 square feet.
Urban residential 1 lot - A lot intended for the construction of a single-family detached residential structure with a lot area ranging from 6,500 square feet to 7,500 square feet.
Urban residential 2 lot - A lot intended for the construction of a single-family detached residential structure with a lot area ranging from 8,000 square feet to 11,000 square feet.
Zero lot line home - A two-story to three-story detached home that has one blank wall placed on the property line and the other set back to create a side yard. The home includes a shallow front yard with a porch or stoop oriented to a street or common court, and a garage or carport accessed from a rear alley.
Zero lot line residential lot - A lot intended for the construction of a Zero Lot Line Home with a minimum lot width of 35 feet and a lot area ranging from 2,450 square feet to 3,500 square feet.
(Ord. No. 2022-847, § 2, 11-1-22)
Sec. 28-880.29. - Floyd Casey District boundary and map.
The Floyd Casey District map is kept on file in the city secretary's office and is hereby incorporated by reference and made a part of this division.
(Ord. No. 2022-847, § 2, 3, 11-1-22)
Sec. 28-880.30. - Floyd Casey Design Book.
The Floyd Casey Design Book is kept on file in the city secretary's office and is hereby incorporated by reference and made a part of this division.
(Ord. No. 2022-847, § 2, 11-1-22)
Sec. 28-880.31. - Land use and underlying zoning districts.
(a)
All development within the Floyd Casey District shall comply with the Floyd Casey Design Book.
(b)
As noted in the Floyd Casey Design Book, the property is divided into two distinct areas: the Mixed-Use area and the residential area.
(c)
Mixed-Use Floyd Casey District.
(1)
Area defined. Land within the Floyd Casey District with the underlying zoning of C-2 Community Commercial District shall be designated as Mixed-Use Floyd Casey District [C-2 (FC)].
(2)
Permitted uses and/or uses allowed by special permit in the Mixed-Use Floyd Casey District shall be those uses specified for the base district in which a property is located, except as prohibited below.
(3)
Prohibited uses. The following uses are specifically prohibited in the Mixed-Use Floyd Casey District:
a.
Golf courses;
b.
Cleaning, dyeing and laundry plants, commercial;
c.
Auto, retail gas sale , only with convenience stores;
d.
Enclosed outside storage;
e.
Cemeteries;
f.
Self-storage warehouses;
g.
Recreational vehicle park;
h.
Crematory services;
i.
Automobile car washing establishments;
j.
Automobile servicing establishments;
k.
Sexually oriented businesses;
l.
Short-term rental type III;
m.
Credit access business.
(d)
Residential Floyd Casey District.
(1)
Area defined. Land within the Floyd Casey District with the underlying zoning of R-1B Single-family Residence District shall be designated as Residential Floyd Casey District [R-1B (FC)].
(2)
Permitted uses and/or uses allowed by special permit in the Residential Floyd Casey District shall be those uses specified for the base district in which a property is located, except that Brownstone, zero lot line homes, and accessory dwelling units may be permitted within the area designated on the land use map as referenced within the Floyd Casey Design Book.
(3)
Prohibited uses. The following uses are specifically prohibited in the Residential Floyd Casey District:
a.
Golf courses;
b.
Accessory signs;
c.
Community home II;
d.
Licensed group homes;
e.
Airport or heliport;
f.
HUD-Code Manufactured Home Parks or Recreational Vehicle Parks or HUD-Code Manufactured Home Subdivisions;
g.
Cemeteries;
h.
Vocational rehabilitation enterprises;
i.
Nursery or greenhouse (retail or wholes ale);
j.
Outdoor recreational and amusement facility;
k.
Commercial funeral home;
l.
Mortuary services;
m.
Crematory services;
n.
Wineries;
o.
Transitional shelter I and II;
p.
Veterinarian clinic (no outside kennels);
q.
Short-term rental type II;
r.
Short-term rental type III.
(Ord. No. 2022-847, § 2, 11-1-22)
Sec. 28-880.32. - Development standards.
(a)
Each use in the Floyd Casey District shall comply with all site development standards contained in the Floyd Casey Design Book. If not specified within the Floyd Casey Design Book, the requirements of the underlying zoning district shall apply.
(b)
The general exterior styling of architecture of any new buildings or any building altered or remodeled in the Floyd Casey District, must conform to the design standards contained in the Floyd Casey Design Book.
(c)
Vehicular and pedestrian streets, alleys, and trails shall be developed and maintained in accordance with the Floyd Casey Design Book.
(Ord. No. 2022-847, § 2, 11-1-22)
Sec. 28-880.33. - Architectural control committee.
(a)
Architectural control committee. An architectural control committee, appointed by the Waco City Council, shall be established. The architectural control committee shall consist of two residential property owners of property located within the Floyd Casey District, one commercial property owner of property located within the Floyd Casey District, and two representatives from the City of Waco.
(b)
At the request of the development services director, the architectural control committee may review and make recommendation on any request for a variance from the requirements of this division or the requirements outline d within the Floyd Casey Design Book in accordance with sections 28-93 and 28-94.
(c)
Amendments. The architectural control committee shall make recommendations to any language amendments within this division or the Floyd Casey Design Book.
(Ord. No. 2022-847, § 2, 11-1-22)
Sec. 28-880.34.- Purpose.
The purpose of the Riverway Overlay District is to promote the creation of a master planned community offering a variety of housing opportunities, commercial services and walkable streets and trails with access to the Brazos River. The overlay includes specific development and design regulations that are described in the Riverway Design Book. The regulations are intended to create a cohesive residential neighborhood and mixed-use commercial area that will become a destination.
(Ord. No. 2024-335, § 2, 5-14-24)
Sec. 28-880.35. - Definitions.
The following words, terms, and phrases, when used in this chapter, shall have the meaning ascribed to them in this section:
Estate neighborhood means areas of lower density single-family lots intended to allow larger lots. The pattern of development closely matches the traditional neighborhood areas.
Moderate density neighborhood means areas of attached and detached multi-family residential development at a density lower than multi-family. Moderate density neighborhoods are appropriate as a transition between traditional and estate neighborhoods and more intense uses.
Multi-family—high intensity means attached residential development not to exceed 23 units per acre.
Riverway design book means a document that provides for the standards to improve all property within the Riverway Overlay District, which is hereby adopted by reference. A copy of the design book may be obtained from the development services director or the city secretary's office.
Traditional neighborhood means areas of medium density single-family lots with development standards that maintain single-family neighborhood characteristics.
(Ord. No. 2024-335, § 2, 5-14-24)
Sec. 28-880.36. - Riverway Overlay District boundary and map.
The Riverway Overlay District map is kept on file in the city secretary's office and is hereby incorporated by reference and made a part of this division.
(Ord. No. 2024-335, § 2, 5-14-24)
Sec. 28-880.37. - Riverway design book.
The Riverway Design Book is kept on file in the city secretary's office and is hereby incorporated by reference and made a part of this division.
(Ord. No. 2024-335, § 2, 5-14-24)
Sec. 28-880.38. - Land use and underlying zoning districts.
(a)
All development within the Riverway Overlay District shall comply with the Riverway Design Book.
(b)
As noted in the Riverway Design Book, the property is divided into three distinct areas: Mixed-Use Commercial District, Moderate Density Residential District, and the Residential District.
(c)
Riverway Mixed-Use Commercial District.
i.
Area defined - land within the Riverway Overlay district with the underlying zoning of C-2 Community Commercial District shall be designated as Riverway Mixed-Use Commercial District [C-2 (RW)].
ii.
Permitted uses and or uses allowed by special permit in the Mixed-Use District of the Riverway Overlay shall be those uses specified for the base C-2 zoning district in which the property is located, except as prohibited below.
iii.
Prohibited uses - the following uses are specifically prohibited in the Riverway Mixed-Use Commercial District:
1.
Enclosed outside storage.
2.
Cemeteries.
3.
Self-storage warehouses.
4.
Recreational vehicle park.
5.
Crematory services.
6.
Automobile repair and storage excluding automobile servicing establishments for the purpose of retail dispensing or servicing of vehicle fuels, lubricants, tires and vehicle accessories; the minor repair or replacement of parts, tires, paintless dent repair, and performing state inspections and making minor repairs necessary to pass state inspection for personal and light commercial vehicles with all work taking place within an enclosed structure.
7.
Automobile car washing establishments.
8.
Short-term rental type III.
9.
Credit access business.
(d)
Riverway Moderate Density Residential District.
i.
Area defined - land within the Riverway Moderate Density Residential District with the underlying zoning of R-3B Multiple Family Residence District shall be designated as Riverway Moderate Density Residential [R-3B (RW)].
ii.
Permitted uses and or uses allowed by special permit in the Riverway Moderate Density Residential District shall be those uses specified for the base R-3B zoning district in which the property is located, except as prohibited below.
iii.
Prohibited uses - the following uses are specifically prohibited in the Riverway Moderate Density Residential District:
1.
Accessory signs.
2.
Community home II.
3.
Licensed group homes.
4.
HUD-Code Manufactured Home Parks or Recreational Vehicle Parks or HUD-Code Manufactured Home Subdivisions.
5.
Transitional shelter I.
6.
Short-term rental type I.
7.
Short-term rental type II.
(d)
Riverway Residential District.
i.
Area defined - land within the Riverway Overlay District with the underlying zoning of R-1B Single-family Residence District shall be designated as Riverway Residential District [R-1B (RW)].
ii.
Permitted uses and or uses allowed by special permit in the Riverway Residential District shall be those uses specified for the base R-1B zoning district in which a property is located, except as prohibited below.
iii.
Prohibited uses - the following uses are specifically prohibited in the Riverway Residential District:
1.
Accessory signs.
2.
Community home I.
3.
Licensed group homes.
4.
Airport or heliport.
5.
HUD-Code Manufactured Home Parks or Recreational Vehicle Parks or HUD-Code Manufactured Home Subdivisions.
6.
Cemeteries.
7.
Vocational rehabilitation enterprises.
8.
Commercial funeral home.
9.
Mortuary services.
10.
Crematory services.
11.
Transitional shelter I.
12.
Veterinarian clinics (with outside kennels).
13.
Short-term rental type I.
(Ord. No. 2024-335, § 2, 5-14-24)
Sec. 28-880.39. - Development standards.
(a)
Each use in the Riverway Overlay District shall comply with all site development standards contained in the Riverway Design Book. If not specified within the Riverway Design Book, the requirements of the underlying zoning district shall apply.
(b)
The general exterior styling of architecture of any new buildings or any building altered or remodeled in the Riverway Overlay District, must conform to the design standards contained in the Riverway Design Book.
(c)
Vehicular and pedestrian streets, alleys, and trails shall be developed and maintained in accordance with the Riverway Design Book.
(Ord. No. 2024-335, § 2, 5-14-24)
Sec. 28-880.40. - Architectural control committee.
(a)
Architectural control committee. An architectural control committee, appointed by the City of Waco, shall be established. The architectural control committee shall consist of two residential property owners of property located within the Riverway Overlay District, one commercial property owner of property located within the Riverway Overlay District, and two representatives from the City of Waco.
(b)
At the request of the development services director, the architectural control committee may review and make recommendation on any request for a variance from the requirements of this division or the requirements outlined within the Riverway Design Book in accordance with sections 28-93 and 28-94.
(c)
Amendments. The architectural control committee shall make recommendations to any language amendments within this division or the riverway design book.
(Ord. No. 2024-335, § 2, 5-14-24)